APM webinar sponsored by the Thames Valley branch on 27 October 2021.
The Supervisor is separate from the ECC Project Manager. Their role is to monitor the Contractor's compliance with the Scope. They need the skills of the 'clerk or works' …. But they also need to know how to manage their part of the contract. This webinar was held on 27 October 2021.
This session will give full details and share some of the necessary interfaces with the project manager.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
links:
https://www.apm.org.uk/news/nec-engineering-and-construction-contract-ecc-the-supervisors-roles-and-responsibilities-webinar/
https://youtu.be/RuIrzKpr83U
3. Disclaimer
This presentation is intended for internal use within the Mott MacDonald group of companies only. No person may rely on the content,
information or any views expressed in this presentation. We accept no duty of care, responsibility or liability to any recipient of this
presentation. This presentation is confidential and contains proprietary intellectual property.
Nothing in this presentation constitutes financial, insurance or legal advice or opinion and it should not serve as an alternative to obtaining
specialist legal advice from a professional legal services provider in relation to any specific circumstances. If you have any specific
questions about any legal matter you should consult a professional legal services provider.
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We disclaim all and any liability whether arising in contract, tort or otherwise from the receipt, or use, of this presentation or any material
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NEC Contracts
Advisory services
29/10/2021 c. Mott MacDonald | ECC Supervisor 3
4. 29/10/2021 Mott MacDonald | NEC Programme 4
Where are you calling in from?
ⓘ Start presenting to display the poll results on this slide.
5. 29/10/2021 (c) Mott MacDonald 2020 | NEC001 5
NEC Bitesize
2021
https://mottmac.sha
repoint.com/legal/in
dustryforms/nec/Pa
ges/necsessions.as
px
Date Session Code
22 January 2021 NEC Contracts - An Introduction - Why are they so different? NEC0001
09 February 2021 NEC - Introduction to the NEC Professional Services Contract (PSC) - pre-
award
NEC0020
01 March 2021 NEC - Introduction to the NEC Professional Services Contract (PSC) - contract
management
NEC0021
30 March 2021 NEC Engineering and Construction Contract (ECC) - Contract strategy (main &
secondary options)
NEC0003
29 April 2021 NEC Engineering and Construction Contract (ECC) - Preparing the tender
documents; tender evaluation
NEC0004
24 May 2021 NEC Engineering and Construction Short Contract (ECSC) NEC00??
22 June 2021 NEC ECC and temporary works NEC0028
14 July 2021 NEC Contracts - Programmes under ECC and PSC NEC0005
17 August 2021 NEC Contracts - The Risk Register/Early Warning Register and risk allocation
and management
NEC0006
13 September 2021 NEC Engineering and Construction Contract (ECC) - compensation events NEC0007
13 October 2021 NEC Engineering and Construction Contract (ECC) -The Supervisor's roles and
responsibilities
NEC0008
08 November 2021 NEC Engineering and Construction Contract (ECC) - Defined Cost, the
Contractor's system and auditing
NEC0009
08 December 2021 NEC and BIM NEC0026
RP1
7. 29/10/2021 c. Mott MacDonald | ECC Supervisor 6
Richard Patterson
Chartered Engineer
Mott MacDonald NEC
Advisory Services
32Years with
Mott MacDonald
25Years with
The NEC
1 Year with NEC as
NEC Consultant
8. 29/10/2021 (c) Mott MacDonald 2020 | NEC001 7
What industry do you work in?
ⓘ Start presenting to display the poll results on this slide.
9. 29/10/2021 (c) Mott MacDonald 2020 | NEC001 8
Do you work for:
ⓘ Start presenting to display the poll results on this slide.
10. 29/10/2021 c. Mott MacDonald | ECC Supervisor 9
• Richard Patterson, WNE / Water Procurement and Project Finance Team,
Cambridge
• Petter Siljehag, BNI, SNI, Edinburgh
• Karen Radband,
• Hayman Choi, Environment, Cost & Project Management, Hong Kong
• Advice and training – internal and external
• Training to more than 15,000 people logged
• Reviews and ……help
NEC Contracts Advisory Services
11. 29/10/2021 c. Mott MacDonald | ECC Supervisor 10
• Basic role
• Works Information / Scope in ECC4
• Managing the contract
• General
• Tests and Defects
• Title
• Summary
Contents
12. NEC - Putting the contracts together
29/10/2021 R Patterson - ECC in 30 flipcharts 11
Employer (ECC4 Client)
ECC
Contractor
PSC
or
PSSC
PSC
or
PSSC
PSC or PSSC
advisor/
designer
Project Manager Supervisor
mgt mgt
13. 29/10/2021 ECC4 PMA - Feb 2020 12
Key roles
1 early warning
2 Subcontractor acceptance
3 programme acceptance
2 design acceptance
1 changing Works Information/ Scope
4 testing and Defects
5 payment
6 compensation events
technical both
7 title
8 insurance
Project Manager Supervisor
commercial
Key
stated period in
relevant clauses
period for reply
applies
ECC ‘Project Manager’ may also be client’s ‘project manager’
14. 29/10/2021 c. Mott MacDonald | ECC Supervisor 13
• Supervisor is ‘like’ a ‘Clerk
of Works’ … but with real
actions and obligations
under the contract. Needs
to be ‘contractual’.
• Supervisor role is to
monitor that the Contractor
does ‘Provide the Works
in accordance with the
Works Information /
Scope’
The role
15. 29/10/2021 c. Mott MacDonald | ECC Supervisor 14
Works Information / Scope is critical !
• 20.1 ‘The Contractor Provides the Works in
accordance with the Works Information / Scope.’
• 54.1 (ECC4 55.1) (options A&C) ‘Information in the
Activity Schedule is not Works Information / Scope
or Site Information.’
• 60.1 ‘The following are compensation events.
• (1) The Project Manager gives an instruction
changing the Works Information / Scope …..
If it’s not in the WI / Scope then the Contractor
does not have to do it. Simple !
17. 29/10/2021 c. Mott MacDonald | ECC Supervisor 16
• specification and description of the
works (11.2(19) (ECC4 11.2(16))
• constraints on Providing the Works
(11.2(19) ECC4 11.2(16)))
• works by the Completion Date (11.2(2))
• H&S requirements (27.4)
• Contractor’s design
• parts of the works that
Contractor designs (21.1)
• particulars of design for
submission (21.2)
• purposes for which
Employer / Client may use
Contractor’s design (22.1)
Works Information / Scope
References from the conditions 1
Green: Supervisor take particular note
18. 29/10/2021 c. Mott MacDonald | ECC Supervisor 17
• Working with the Employer / Client and
Others
• cooperation and sharing of the
Working Areas (25.1)
• provides services and other
things (25.2)
• limitations on subcontracting
(26.2)
• any further information on the
programme (31.2)
• use of part of the works before
take over (35.2)
Works Information
References from the conditions 2
19. 29/10/2021 c. Mott MacDonald | ECC Supervisor 18
• tests and inspections (40.1 (ECC4
41.1) )
• materials, facilities and samples for
testing (40.2 (ECC4 41.2))
• tests on Plant and Materials before
delivery (41.1 (ECC4 42.1)
• Preparation for marking of
Equipment, Plant and Materials
outside Working Areas by
Supervisor (71.1)
• title to materials (73.2)
Works Information
References from the conditions 3
20. 29/10/2021 c. Mott MacDonald | ECC Supervisor 19
• C, D, E, F
• acceptance / procurement procedures (11.2 (25) or 11.2
(26) (ECC4 11.2 (26) or 11.2(27))
• accounts and records (55.2)
• X4, X13, X14, guarantees and bonds
• form of parent company guarantee, performance bond,
advance payment bond
• X17 (low performance damages)
• tests and performance levels
Works Information – references from the
conditions - 4
22. Supervisor should have
been called ‘Inspector’
21
Mott MacDonald | ECC Introduction
Role is to monitor
(NOT ensure) ‘compliance’
23. 29/10/2021 c. Mott MacDonald | ECC Supervisor 22
• Acceptance does not change the
Contractor’s responsibility to Provide the
Works or of his liability for his / its design
(14.1)
• Project Manager or Supervisor may
delegate any of their actions (14.2)
• Project Manager may instruct change
to the Works Information / Scope (14.3)
• …but NOT the Supervisor
Project Manager and the Supervisor (14)
24. 29/10/2021 c. Mott MacDonald | ECC Supervisor 23
Supervisor and Project Manager could be …
• employees of the Employer
• independent organisations
• the same organisation or even
• on a simple contract, the same person
• two roles; two hats
• Either way, separate roles – but talk to each
other!
25. Appointment and delegation
Compensation events
under the contract
(CI.60.1 + certain main and
secondary Options incl.
Option Z)
cost consultants
(commercial
support)
Contract data part 1: either named individual or company (which must appoint individual)
29/10/2021 c. Mott MacDonald | ECC Supervisor
24
Project
Manager
Supervisor
Employer /
Client
Contractor
Contract
(eg PSC)
Communication
designer(s)
(technical support)
Support
Project Manager’s
delegates.
Actions delegated
under 14.2
Supervisor’s
delegates.
Actions delegated
under 14.2
Delegation
26. 29/10/2021 c. Mott MacDonald | ECC Supervisor 25
• 1 General
• 2 Contractor’s main responsibilities
• 3 Time
• 4 testing and Defects
• 5 Payment
• 6 Compensation Events
• 7 Title, 8 Risks and insurance
• W Dispute resolution and 9 termination
Agenda 2: Managing the Contract
Key issues for
the Supervisor in
green
27. 29/10/2021 c. Mott MacDonald | ECC Supervisor 26
• 1 General
• 2 Contractor’s main responsibilities
• 3 Time
• 4 testing and Defects
• 5 Payment
• 6 Compensation Events
• 7 Title, 8 Risks and insurance
• W Dispute resolution and 9 termination
Agenda 2: Managing the Contract
28. 29/10/2021 c. Mott MacDonald | ECC Supervisor 27
RT_C
Read the _ contract
10.1 The Employer, the Contractor, the Project Manager and the Supervisor
shall
act as stated in this contract
and in a spirit of mutual trust
and co-operation.
DWISIT_C
Do what it says in the
_ contract
_TalTEO
_ talk and listen to
each other
ECC4 splits 10.1 into 10.1 and 10,2 - no real effect
29. 29/10/2021 c. Mott MacDonald | ECC Supervisor 28
• Identified terms in Contract Data in italics
• Defined terms, capitalised and all in 11.2 READ
THEM! Eg and especially for the Supervisor
• (2) Completion (done all the work the Works
Info requires for Completion and no Defects that
would prevent Employer/Client using the works)
• (5 (ECC4 (6)) Defect (two types)
• (6 (ECC4 (7)) Defects Certificate (list of
Defects at defects date)
• (19) Works Information (ECC4 (16) Scope)
(what is to be provided and constraints)
Identified and Defined Terms
30. 29/10/2021 c. Mott MacDonald | ECC Supervisor 29
• in a form that can be read, copied & recorded (13.1)
• replies within period for reply or period as in contract (13.3)
• Notifications communicated separately (13.7)
• NEED A SYSTEM!
• forms – basic versions on www.neccontract.com
• forms – developed versions on MM NEC intranet site
and required
• Developed forms in NEC ‘Manuals’
• bespoke IT systems available – CCM, CEMAR, Sypro,
others - we know them!
Communications (13)
31. 29/10/2021 c. Mott MacDonald | ECC Supervisor 30
The best place for the contract is …
No, NEC is NOT a contract
for the ‘bottom drawer’!
32. 29/10/2021 c. Mott MacDonald | ECC Supervisor 31
• 34.1 The Project Manager may
instruct the Contractor to stop or
not to start any work and may
later instruct him that he may re-
start or start it.
Before we really start … Stop the work!
• Supervisor needs to be PM
delegate for this action – at least
for health and safety issues
33. 29/10/2021 c. Mott MacDonald | ECC Supervisor 32
• 1 General
• 2 Contractor’s main responsibilities
• 3 Time
• 4 testing and Defects
• 5 Payment
• 6 Compensation Events
• 7 Title, 8 Risks and insurance
• W Dispute resolution and 9 termination
Agenda 2: Managing the Contract
34. Part 4, Quality management,
has only one and a half
pages! 33
Mott MacDonald | ECC Introduction
35. 29/10/2021 Mott MacDonald | ECC Introduction 34
Tests and inspections
all between
Contractor
and
Supervisor –
ideally the
Contractor’s
‘quality
manager’
only applies
if ‘tests and
inspections
’ required
by the
Works
Information
(ECC4
Scope) or
the law
materials,
facilities and
samples for
tests and
inspection
provided …
‘as stated in
the Works
Information’
(ECC4
Scope)
The C and the S informs the
other of each of their tests and
inspections before the test or
inspection starts
and afterwards informs the other
of the results.
If ‘test or
inspection’
shows Defect,
the Contractor
corrects the
Defect and the
test or
inspection is
repeated..
The C informs the S in time for a
test or inspection to be
arranged and done before doing
work which would obstruct the
test or inspection. The S may
watch any test ……
There is no ‘inspection and testing plan’
36. 29/10/2021 Mott MacDonald | ECC Introduction 35
ECC4 new 40.1 Quality Management System
Contractor operates quality management system which complies with the Scope
Contractor provides the Project Manager with policy statement and quality plan for acceptance
… and changes to the quality plan
Project Manager may instruct Contractor to correct failure to comply with quality plan: not a
compensation event)
Note:
• Basically copied across from PSC3
• Project Manager, not Supervisor
• Bidders may have an issue with their (corporate) quality policy statement needing acceptance of the PM!
• Just adds one to ECC3 clause numbers!
37. (6) A Defect is
• a part of the works which is not in
accordance with the Scope or
• a part of the works designed by the
Contractor which is not in
accordance with the applicable law
or the Contractor’s design which the
Project Manager has accepted.
36
Mott MacDonald | ECC Introduction
38. 29/10/2021 R Patterson - ECC in 30 flipcharts 37
testing and Defects
40.1 (41.1) tests and inspections in
Works Information / Scope
by
Supervisor
by Contractor
watched by
Supervisor
notify Defect (42.2 (43.2))
fail
In Works Information / Scope, details of
tests/inspections:
• Prior to delivery to Site
• Factory Acceptance Tests
• Routine tests on Site
• tests for Completion
• X17 - Performance tests re performance
levels (in Works Info / Scope for Contractor’s
design – link to performance damages
• Who to carry out tests
• Who to provide facilities for testing
• Pass criteria
search for
Defects
(42.1
(43.1))
Inspections (40.3 (41.3))
Logically (but
not in contract)
add to ‘list of
Defects’
At defects date or end
of last defects
correction period,
issue Defects
Certificate
(43.3 (44.3))
notify results
(40.3 (41.3))
Defects Certificate
(11.2(6) (11.2(7)) is a
list of Defects
39. 29/10/2021 Mott MacDonald | ECC Introduction 38
So negative!
• 42.1 The Contractor does not bring to the Working
Areas those Plant and Materials which the Scope
states are to be tested or inspected before delivery
until the Supervisor has notified the Contractor that
they have passed the test or inspection.
• Just about the only positive action from the
Supervisor!
40. 29/10/2021 c. Mott MacDonald | ECC Supervisor 39
• a part of the works which is not in
accordance with the Works Information /
Scope or
• a part of the works designed by the
Contractor which is not in accordance with
the applicable law or the Contractor’s
design which the Project Manager has
accepted.
• No ‘Snags’, no ‘NCRs’ in ECC
– just ‘Defects’!
A Defect is (11.2(5) (ECC411.2(5))
41. 42.2 (ECC4 43.2) Until the defects
date the Supervisor and the
Contractor notifies the other as
soon as they
become aware of a Defect.
40
Mott MacDonald | ECC Introduction
notifications have to be separate (13.7)
42. 29/10/2021 c. Mott MacDonald | ECC Supervisor 41
• Clause 40 (ECC4 41) (Tests and Inspections) only applies to
tests
• required by the Works Info / Scope
• or the law
• tests/inspections may be needed:
• before delivery
• ongoing
• to achieve Completion (Cl11.2(2)) - the KEY
• before take over - normally NONE
• to demonstrate performance level (Option X17)
• who, when, where, how, pass criteria?
Testing
Requirements in the Works Information / Scope
43. 29/10/2021 c. Mott MacDonald | ECC Supervisor 42
Tests and inspections
• all between Contractor and Supervisor
• materials, facilities and samples for tests and
inspection provided … ‘as stated in the Works
Information / Scope’
• If ‘test or inspection’ shows Defect then:
• Notify the Defect
• correct and repeat (ECC3 40.4; ECC4 41.4)
• Project Manager assesses cost to Employer in
repeating test (ECC3 40.6, 40.7in C,D.E; ECC4
41.6 and 41.7 in C,D.E)
Need a clear testing plan and records system –
ideally part of the Contractor’s QA/QC system….
44. Simple form needed
• All done before
• Compass / Group support services /
contracts / NEC / contract administration
Also need a simple, joint
list of Defects
29/10/2021 c. Mott MacDonald | ECC Supervisor 43
45. 29/10/2021 c. Mott MacDonald | ECC Supervisor 44
See Mott MacDonald starter for a list of Defects
https://mottmac.sharepoint.com/:x:/s/Practices/projectprogrammeandcommercialmgt/EXQVctbksENAoC_-
BLmOzrUBrSwv1LaT1Ue9UFKEuEBkMQ?email=Richard.Patterson%40mottmac.com&e=4%3AKcxPs0&at=9
46. 29/10/2021 c. Mott MacDonald | ECC Supervisor 45
• Correcting Defects (43 (ECC4 44))
• Contractor corrects Defect whether
notified or not (43.1 (ECC4 44.1))
• Contractor corrects notified Defects before
the end of the (relevant) defects correction
period (43.2 (ECC4 44.2))
Correcting Defects No formal clause under which to
confirm correction of a Defect and
‘acceptance’ by Supervisor
• Project Manager arranges for the Employer /
Client to provide access required to correct a
Defect (43.4 (ECC4 44.4)) after take over
47. 46
The Supervisor issues the Defects Certificate
There is no ‘Maintenance Period’ – just the ‘period with no name’ from the date of Completion to the defects date
defects correction period (43.2)
Defect
notified
defects
correction
period
defects
correction
period
Defect
notified
defects
correction
period
Defect
notified
43.4 – defects
correct period
starts when PM
has arranged
access to
correct
Completion is when the Contractor has
• done all the work which the Works
Information / Scope states he is to do by
the Completion Date and
• corrected notified Defects which would
have prevented the Employer / Client
from using the works and Others from
doing their work.
Contract Date
date of
Completion defects date
The defects date is
last date for
Supervisor to
• instruct search for
(42.1 (EEC4
43.1)) or
• notify (42.2
(EEC4 43.2)) ) a
Defect
48. There is no formal
process for the
Supervisor to ‘accept’
anything including that a
Defect has been
corrected
47
Mott MacDonald | ECC Introduction
49. 29/10/2021 c. Mott MacDonald | ECC Supervisor 48
• accepting Defects
• Proposals to Project Manager (not
Supervisor) that Defect is not corrected
(44.1 (ECC4 45.1))
• quotation for reduced Prices and/or earlier
Completion Date (44.2 (ECC4 45.2) )
• a mechanism to ‘do a deal’
• uncorrected Defects (45 (ECC4 46))
• Contractor pays where Contractor has not
corrected Defect within defects correction
period
Accepting Defects; uncorrected Defects
50. 29/10/2021 c. Mott MacDonald | ECC Supervisor 49
• 11.2 (2) Completion - definition
• done all the work the Works Info requires for Completion and
• no Defects that would prevent Employer using works
• Supervisor looks after tests (including for Completion) and
Defects
• but Project Manager certifies Completion (30.2)
• Employer/Client (unless they has said in Contract Data that it
won’t take over before Completion Date) takes over within two
weeks of Completion (35.1)
• Project Manager certifies take over of any part of the works
taken over by the Employer/Client (35.3)
Completion and take over
Supervisor and Project Manager
51. 29/10/2021 c. Mott MacDonald | ECC Supervisor 50
• 11.2 (6) (ECC4 11.2(7)) The Defects
Certificate is either a list of Defects that
the Supervisor has notified before the
defects date which the Contractor has
not corrected or, if there are no such
Defects, a statement that there are
none.
• 43.3 (ECC4 44.3) The Employer’s
rights in respect of a Defect which
the Supervisor has not found or
notified are not affected by the
issue of the Defects Certificate.
• PM assesses cost of remaining
Defects (45 (ECC4 46)) and
makes last assessment of
amount due
The Supervisor issues the Defects Certificate
Defects Certificate is one action of the Supervisor
that is not normally delegated. Get the defects date
in your diary!
• Supervisor issues the Defects Certificate
• (ECC3 43.3) at the later of the defects date
and the end of the last defect correction period.
• (ECC4 44.3) at the defects date if there are no
notified Defects, or otherwise at the earlier of
• the end of the last defect correction period
and
• the date when all notified Defects have
been corrected.
52. 29/10/2021 c. Mott MacDonald | ECC Supervisor 51
• 1 General
• 2 Contractor’s main responsibilities
• 3 Time
• 4 testing and Defects
• 5 Payment
• 6 Compensation Events
• 7 Title, 8 Risks and insurance
• W Dispute resolution and 9 termination
Agenda 2: Managing the Contract
53. 29/10/2021 c. Mott MacDonald | ECC Supervisor 52
• Contractor’s title to Plant and
Materials passes to Employer
(70, 71)
• when within Working Areas
• outside Working Areas – only
when ‘marked by the Supervisor’
for this contact’
• 71.1 The Supervisor
marks Equipment, Plant
and Materials which are
outside the Working Areas
if
• this contract identifies them
for payment and
• the Contractor has prepared
them for marking as the
Works Information requires.
7 Title
WARNING – Contractor can only pass on title
that it has. May need procedures for ‘vesting’
– which are NOT in NEC.
54. The period with no name!! – ECC4
83.3 no
need for C
to insure
X16.2:
retention
halved
80.1 Loss of or
damage to the
parts of the
works taken over
by the Client
assessment
interval
PM continues routine
payment assessment and
certificates (50.1)
Contractor corrects
within one defects
correction period
Supervisor issues Defects
Certificate (44.3) at the
defects date if no Defects
or at earlier of
• End of last dcp or
• When all Defects
corrected
X16.2 –
retention
taken to
zero
target
options:
include final
assessment
of
Contractor’s
share
Defects?
PM assesses
cost of (46))
certified by
PM (30.2)
date of
Completion
defects date
The period with no name – set in Contract Data part one
assessment
at
Completion
(50.1)
dcp starts only when
PM has arranged
and Client has
provided access
(44.4)
target options:
include prelim
assessment of
Contractor’s share
take over
certified by
PM (35.3)
< 2wks 4 wks (50.1)
Last PM
assessment of
amount due
(50.1) and
payment
certificate (51.1)
Supervisor can
notify Defects
(43.2)
55. 29/10/2021 c. Mott MacDonald | ECC Supervisor 54
Supervisor role summary
• Focused 100% on Contractor’s compliance with Works Information
• testing
• Defects – including issue of Defects Certificate
• Title
• ONLY
• But may /should also be supporting PM
56. 29/10/2021 c. Mott MacDonald | ECC Supervisor 55
Supervisor and Project Manager interaction
More than explicit in the contract
Free at:
https://www.neccontract.com/
The-interaction-between-the-
Supervisor-PM
57. So how much of a Supervisor do we need?
29/10/2021 c. Mott MacDonald | ECC Supervisor 56
58. 29/10/2021 c. Mott MacDonald | ECC Supervisor 57
But where else might the Supervisor support Project
Manager?
• records, records, records
• site diary
• photographs
• Contractor’s resources – Disallowed
Cost (C,D,E,F)
• progress records
• early warnings (16 (ECC4 15))
• ambiguities (17)
59. NEC Contracts – The Truth will Out
58
• NEC demands
good
communication
• NEC demands
active
management
62. 29/10/2021 Mott MacDonald | NEC articles 61
Some of our NEC articles, papers and books
Year Title Where published
2021Using NEC Outside the UK: an update NEC Newsletter , March 2021
2020Three years on it is time for clients to switch from NEC3 to NEC4 NEC Newsletter , Sept 2020
2020Helping NEC clients decide the best way to get a first programme in place NEC Newsletter , Sept 2020
2020NEC family of contracts pitches clearer, more flexible project management PMI UK Chapter 'Leader' magazine (article a copy of that previously published by
IACCM)
63. 29/10/2021 Mott MacDonald | NEC articles 62
Some of our NEC articles, papers and books
Year Title Where published
2020NEC contracts: best practice tools for risk allocation and management NEC website May 2020
2020The all important F-words in the NEC NEC Newsletter , March 2020
2020ECC Risk allocation and compensation events NEC website, March 2020
2020How to ensure that bid-winning supply chains actually get used NEC Newsletter, January 2020
2019Project overruns? It’s time to use the F-word (and a proper contract) Mott MacDonald website
2019Links between key NEC processes NEC Newsletter, May 2019
2018Building time-related charges into NEC lump-sum and short contracts NEC Newsletter, November 2018
2018NEC Early warnings - the need for education NEC Newsletter, November 2018
2018NEC contracts – use them anywhere for any industry! - including how NEC covers
PMI's ideas on procurement and project management
IACCM's Contracting Excellence Journal, 18 June 2018
2018Design of Equipment in the ECC NEC Newsletter, 91, May 2018
2018NEC3 to NEC4 – evolution, not revolution; some fixes and some good ideas! In-procurement Magazine JanFeb 2018
2018NEC3 to NEC4 – evolution, not revolution; some fixes and some good ideas! ICE's Management Procurement and Law, December 2017 and on NEC website
from 26 Feb 2018
2018NEC Contracts - are they right for you? IACCM Contracting Excellence Journal, Feb 2018
2017NEC Engineering and Construction Contract (ECC): the necessary interaction
between the Supervisor and the Project Manager
Construction Law Quarterly / NEC website
2017When is task not a Task - in the NEC TSC contract NEC Newsletter Sep 2017, NEC website
2017NEC: how to require something is done by a certain date NEC Newsletter No 86, July 2017, NEC website
2017New NEC4 Design, Build and Operate Contract NEC website
2016How to procure a series of work packages using NEC NEC website
2016NEC contracts are ideal to support project management as set out in the PMI’s
‘Project Management Body of Knowledge’ (PMBOK®)
Linked-in
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Year Title Where published
2016How to procure a series of work packages using NEC NEC website
2016NEC contracts are ideal to support project management as set out in the PMI’s ‘Project
Management Body of Knowledge’ (PMBOK®)
Linked-in
2016Submission of deliverables under the PSC NEC Newsletter No 80, September 2016
2016Enforcement Clauses and Links in the ECC NEC Newsletter No 79, July 2016
2016Can we use the NEC as the basis for a standard international PPP contract? ACE's email newsletter, Infrastructure Intelligence
2016NEC contracts - good for hydropower? NEC Newsletter No 76, January 2016
2015NEC contracts - good for hydropower? Proceedings Hydro 2015, Bordeaux
2015Using NEC to incentivise
lowest whole-life cost
NEC Newsletter No 75, November 2015
2015NEC3 Compared and Contrasted, Second Edition - chapter on NEC vs IChemE
contracts
ICE publishing
2015NEC3 - the Role of the Supervisor ICE publishing
2015NEC for design build finance and operate (DBFO) contracts – taking best practice
procurement into PPPs
ICE’s Management, Procurement and Law, November 2015, and winner of the
Parkman medal for best MPL paper, 2015
2015NEC contracts and the CDM Regulations 2015 ICE’s Management, Procurement and Law, 168, June 2015
2015NEC contracts tick IACCM’s ‘top ten’ box NEC website
2015Making the most of your early warnings – sorting out your TQs and RFIs…. and what
about the opportunities?
NEC website
2015NEC contracts and the Construction (Design and Management) Regulations 2015 NEC website
2015NEC contracts and the CDM Regulations 2015 NEC Newsletter No 72, May 2015
2014Getting your project set
up for ECC
NEC Newsletter No 70, January 2015 (published December 2014)
2014Working with NEC Contracts (in landscape architecture) Landscape (Magazine of the Landscape Institute,. Winter 2014
Some of our NEC articles, papers and books
65. 29/10/2021 Mott MacDonald | Prep of tender docs 64
Some of our NEC articles, papers and books
Year Title Where published
2014ECC Works Information provided by the Contractor - who takes the risk? NEC Newsletter No 69, October 2014
2014Understanding expenses
in a PSC
NEC Newsletter No 67, July 2014
2014The importance of quality works information and site information in ECC projects NEC Newsletter No 66, April 2014
2013NEC for DBO Proceedings of the ICE - Management, Procurement and Law, Volume 166,
Issue 5, May 2013
2013How to prepare the Scope for an NEC PSC Contract By NEC as part of NEC April 2013
2012Managing Reality - the ECC Manuals ICE publishing
2012NEC3: A User's Guide ICE publishing
2011NEC3: contracts for partnering NEC Newsletter No 56, October 2011
2010Ground Conditions and Risk Allocation: Combining the NEC Engineering and
Construction Contract (ECC) and the Geotechnical Baseline Report (GBR)
Tunnels and Tunnelling Magazine, Dec 2010
20106 key links in the ECC NEC Newsletter No 51, July 2010
2010NEC contracts as an enabler to Partnering May 2010 edition of 'The Partner', which is ‘the annual publication of PSL, which is a
CBI and BIS initiative to promote collaborative business relationships
www.pslcbi.com '
2009Using NEC contracts to manage risk and avoid disputes Proceedings of the ICE - Management, Procurement and Law, 2009, No 4.
2009Use of NEC in legal jurisdictions other than English law NEC Newsletter, No,47, July 2009
2009NEC – A real opportunity for the Clerk of Works Site Recorder, Magazine of the Institute of Clerks of Works
2007NEC and Risk Management NEC Newsletter No 40, Oct 2007
2005NEC Managing Reality: Introduction to the Engineering and Construction
Contract. 5 volumes
ICE publishing
2007Dealing with
contingencies - what happened to the 'Provisional Sum'
NEC Newsletter No 40, Oct 2007
2007NEC3 key dates – more risk on the contractor NEC Newsletter No 40, Oct 2007
2001Using NEC for multiple site, undefined contracts ICE’s ‘Civil Engineering’, May 2001
2000NEC and PFI first for Leeds Healthcare NEC Newsletter No 14, July 2000
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• NEC Managing Reality
• Five volumes covering all aspects of
NEC (ECC)
• 2nd Edition 2013
• Barry Trebes (Mott MacDonald) and
Bronwyn Mitchell
• Thomas Telford publishing
NEC manuals
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• NEC3 A User’s Guide
• Jon Broome
• ice publishing
• Published March 2012
• NEC4 version coming soon
NEC3 A User’s Guide
68. www.neccontract.com
Mott MacDonald NEC Contract Advisory
Services
www.mottmac.com
richard.patterson@mottmac.com
+44 (0) 1223 463 606
29/10/2021 c. Mott MacDonald | ECC Supervisor 67
Further Information