nec4 june 2017 edition: january 2019 amendments · 2019-02-27 · nec4 june 2017 edition: january...
TRANSCRIPT
© NEC Contracts, January 2019 1
NEC4 June 2017 Edition: January 2019 Amendments
DBOC ................................................................................................................................................................................................................................................ 2
DRSC ................................................................................................................................................................................................................................................. 3
ECC ................................................................................................................................................................................................................................................... 4
ECC Option A .................................................................................................................................................................................................................................... 7
ECC Option B .................................................................................................................................................................................................................................... 9
ECC Option C .................................................................................................................................................................................................................................. 11
ECC Option D .................................................................................................................................................................................................................................. 13
ECC Option E .................................................................................................................................................................................................................................. 15
ECC Option F .................................................................................................................................................................................................................................. 17
ECS.................................................................................................................................................................................................................................................. 19
ECSC ............................................................................................................................................................................................................................................... 22
ECSS ................................................................................................................................................................................................................................................ 23
PSC ................................................................................................................................................................................................................................................. 24
PSS .................................................................................................................................................................................................................................................. 26
PSSC ................................................................................................................................................................................................................................................ 29
SC ................................................................................................................................................................................................................................................... 31
SSC .................................................................................................................................................................................................................................................. 33
TSC.................................................................................................................................................................................................................................................. 34
TSS .................................................................................................................................................................................................................................................. 35
TSSC ................................................................................................................................................................................................................................................ 37
Please note that an ‘X’ in the line or page number means that the exact reference is not meaningful or a table/contract data entry
© NEC Contracts, January 2019 2
DBOC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
10 10 27.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
15 15 50.8 1 Change ‘when a part of Defined Cost for work identified in part B’ to ‘when the Defined Cost for a part of the work identified in part B’
22 22 63.1 2 First bullet change ‘before’ to ‘by’
3 Second bullet change ‘on or before’ to ‘by’
22 22 63.6 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Plan and
• events which have happened between the date of the Accepted Plan and the dividing date.’
29 29 90.2 X Termination table, change procedure against the Contractor R17 or R20 to ‘P1 and P4’
30 30 91.4 2 Change ‘eleven’ to ‘thirteen’
32 32 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
35 35 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
47 47 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
50 50 Contract Data Part one: Section 8 liabilities and insurance
X In the entry for the fourth insurance, delete the word ‘and’ between ‘against death’ and ‘of or bodily injury’
© NEC Contracts, January 2019 3
DRSC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
3 3 3.8 1 Add to the end of the first bullet the words ‘if an advanced payment is stated in the Contract Data’.
6 6 Contract Data Part One: General
2 Add to the end of the first paragraph ‘(with amendments January 2019)’
© NEC Contracts, January 2019 4
ECC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
9 9 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
22 22 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
28 28 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
36 36 50.9
1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
39 39 50.9
1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
40 40 63.13 3 Change ‘prices’ to ‘Prices’
43 43 50.9
1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
© NEC Contracts, January 2019 5
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
44 44 11.2(27) X Delete clause and substitute ‘ Disallowed Cost is cost which
• is not justified by the Contractor’s accounts and records,
• should not have been paid to a Subcontractor or supplier in accordance with its contract,
• is a payment to a Subcontractor for
• work which the Contract Data states that the Contractor will do itself or
• the Contractor’s management
• was incurred only because the Contractor did not
• follow an acceptance or procurement procedure stated in the Scope,
• give an early warning which the contract required it to give or
• give notification to the Project Manager of the preparation for and conduct of an adjudication or proceedings of a tribunal between the Contractor and a Subcontractor or supplier
and the cost of preparation for and conduct of an adjudication, or payments to a member of the Dispute Avoidance Board or proceedings of the tribunal between the Parties.’
45 45 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
46 46 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
49 49 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
53 53 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
© NEC Contracts, January 2019 6
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
60 60 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
78 78 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
84 84 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
93 93 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 7
ECC Option A Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
9 9 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
22 22 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
28 28 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
31 31 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
34 34 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
38 38 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
45 45 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
46 46 X18.5 9 Clause X18.5, delete final bullet
57 57 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
© NEC Contracts, January 2019 8
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
63 63 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
70 70 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 9
ECC Option B Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
9 9 28.1
2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
22 22 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
29 29 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
32 32 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
35 35 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
39 39 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
46 46 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
58 58 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
© NEC Contracts, January 2019 10
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
64 64 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
72 72 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 11
ECC Option C Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
10 10 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
17 17 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
25 25 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
31 31 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
34 34 W1 preamble 2 Add the words ‘does not apply’ before full stop.
34 34 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
37 37 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
41 41 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
47 47 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
© NEC Contracts, January 2019 12
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
62 62 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
68 68 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
76 76 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 13
ECC Option D Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
10 10 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
17 17 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
25 25 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
25 25 63.13 3 Change ‘prices’ to ‘Prices’
32 32 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
35 35 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
38 38 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
42 42 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
48 48 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
© NEC Contracts, January 2019 14
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
61 61 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
67 67 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
75 75 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 15
ECC Option E Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
11 11 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
17 17 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
24 24 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
30 30 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
33 33 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
36 36 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
40 40 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
46 46 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
© NEC Contracts, January 2019 16
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
61 61 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
67 67 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
74 74 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 17
ECC Option F Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
5 5 11.2(27) X Delete clause and substitute ‘ Disallowed Cost is cost which
• is not justified by the Contractor’s accounts and records,
• should not have been paid to a Subcontractor or supplier in accordance with its contract,
• is a payment to a Subcontractor for
• work which the Contract Data states that the Contractor will do itself or
• the Contractor’s management
• was incurred only because the Contractor did not
• follow an acceptance or procurement procedure stated in the Scope,
• give an early warning which the contract required it to give or
• give notification to the Project Manager of the preparation for and conduct of an adjudication or proceedings of a tribunal between the Contractor and a Subcontractor or supplier
and the cost of preparation for and conduct of an adjudication, or payments to a member of the Dispute Avoidance Board or proceedings of the tribunal between the Parties.’
11 11 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
17 17 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
24 24 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
30 30 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1 and P4’
33 33 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
36 36 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
© NEC Contracts, January 2019 18
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
40 40 W3.3(2) 4 Delete ‘notification’ and substitute ‘the provision’
46 46 X15.6 X Add a new clause ‘Before the starting date and on each renewal of the insurance policy until the defects date, the Contractor submits to the Project Manager for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Contract Data for which insurance is to be maintained, the Contractor submits to the Client for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Contractor’s insurer or insurance broker. The Project Manager or the Client accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability. The Client’s acceptance of an insurance certificate provided by the Contractor does not change the responsibility of the Contractor to provide the insurance stated in this clause.’
54 54 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
60 60 Contract Data Part one: resolving and avoiding disputes
X Delete the words ‘If Option W3 is used and the number of members of the Dispute Avoidance Board is three’
67 67 Contract Data Part one: resolving and avoiding disputes
X After the words ‘If Option W3 is used’ add ‘and the number of members of the Dispute Avoidance Board is three’
© NEC Contracts, January 2019 19
ECS Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
9 9 28.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
21 21 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
27 27 90.2 X Termination table, change procedure against the Contractor R17 or R20 to ‘P1 and P4’
35 35 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the subcontract works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
38 38 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
42 42 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the works has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
43 43 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
46 46 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
© NEC Contracts, January 2019 20
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
55 55 X15.6 X Add a new clause ‘Before the subcontract starting date and on each renewal of the insurance policy until the defects date, the Subcontractor submits to the Contractor for acceptance a certificate which states that the insurance required by this clause is in force. After the defects date and on each renewal of the insurance policy until the end of the period stated in the Subcontract Data for which insurance is to be maintained, the Subcontractor submits to the Contractor for acceptance a certificate which states that the insurance required by this clause is in force. The certificate is signed by the Subcontractor’s insurer or insurance broker. The Contractor accepts the certificate if the insurance complies with this clause and if the insurer’s commercial position is strong enough to carry the insured liability.
58 58 Y1.1(5) X Delete clause and substitute ‘Trust Deed is an agreement which contains provisions for administering the Project Bank Account and is in the document which the Subcontract Data states it is in.
58 58 Y1.1(6) X Delete clause and substitute ‘Joining Deed is an agreement under which the Supplier joins the Trust Deed and is in the document which the Subcontract Data states it is in.
59 59 Y1.10 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
59 59 Y1.11 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
67 65 SCC 2 Component 71 change ‘works’ to ‘subcontract works’
70 68 SSCC 2 Component 71 change ‘works’ to ‘subcontract works’
71 69 Subcontract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
83 81 Subcontract Data part one
X Add a new entry for ‘Y(UK)1: Project Bank Account’ and insert the following statements ‘If Option Y(UK)1 is used’, ‘The Trust Deed is in’ with a blank box for data entry and ‘The Joining Deed is in’ with a blank box for data entry
© NEC Contracts, January 2019 21
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
83 81 Subcontract Data part one: Option Z additional conditions of contract
X Change the heading ‘Z: Additional conditions of contract’ to ‘Z: Additional conditions of subcontract’. Change the entry under the heading to ‘The additional conditions of subcontract are’
85 83 Subcontract Data part two: Section 3 time
X Change “completion date” to “subcontract completion date” in the second optional statement
87 85 Subcontract Data part two: Data for the Schedule of Cost Components
X Change “works” to “subcontract works” in the last entry
60 X Trust Deed X Delete Trust Deed
61 X Joining Deed X Delete Joining Deed
© NEC Contracts, January 2019 22
ECSC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
3 3 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
CC6 CC6 43.1 4 Change ‘Completion date’ to ‘Completion Date’
CC16 CC16 93.4 7 In the third bullet, change ‘notifies’ to ‘informs’
© NEC Contracts, January 2019 23
ECSS Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
5 5 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
9 9 Scope X Change heading ‘1 Description of the works’ to ‘1 Description of the subcontract works’
CS12 CS12 81.1 X In the final bullet, change ‘Subcontractor’ to italics [please note that this is incorrectly listed as 80.1 in the list within the contract]
CS16 CS16 93.4 7 In the third bullet, change ‘notifies’ to ‘informs’
© NEC Contracts, January 2019 24
PSC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
4 4 11.2(13) 2 First bullet, change ‘service’ to italics
8 8 25.1
2 Change ‘right’ to ‘any rights’ [please note that this was omitted from the list within the contract]
3 Change ‘rights’ to ‘right’ [please note that this was omitted from the list within the contract]
14 14 53.3 X Last bullet, change ‘tribunal’ to italics.
18 18 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
22 22 84.1 8 Delete the words ‘policies and’ between the words ‘the Client accepts the’ and ‘certificates if the insurance complies’
23 23 90.2 X Termination table, change procedure against the Client R17 or R20 to ‘P1’
29 29 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
31 31 50.8 1 Change ‘Defined cost’ to ‘Defined Cost’
31 31 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
33 33 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
33 33 W1.1(4) X Dispute resolution table, first line change ‘party’ to ‘Party’.
36 36 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
37 37 W2.3(2) 3 In the second bullet, change ‘Adjudicator’ to italics
47 47 Trust Deed X In the third bullet under Agreement, change ‘service’ to italics
54 54 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
© NEC Contracts, January 2019 25
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
57 57 Contract Data Part one: liabilities and insurance
X In the entries for the insurance table, second column “minimum amount of cover” delete the statements against the second and third insurances and change to ‘in respect of each event, without limit to the number of events’.
© NEC Contracts, January 2019 26
PSS Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
5 5 15.1 7 Add an additional bullet at the end of the current list of bullet points that states ‘affect the work of the Contractor or a Contractor's subcontractor’. Delete the words after the current last bullet that read ‘affect the work of the Contractor, the Client or another consultant.’
8 8 25.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
13 13 53.3 1 Change ‘contact’ to ‘subcontract’
14 14 53.3 X Last bullet, change ‘tribunal’ to italics.
18 18 63.5 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and events which have happened between the date of the Accepted Programme and the dividing date.’
22 22 84.1 8 Delete the words ‘policies and’ between the words ‘the Contractor accepts the’ and ‘certificates if the insurance complies’
24 24 90.2 X Termination table, change procedure against the Contractor R17 or R20 to ‘P1’
25 25 91.7 8 In fourth bullet, change ‘Contract Date’ to ‘Subcontract Date’
30 30 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the subcontract service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
32 32 50.8 Change ‘Defined cost’ to ‘Defined Cost’
33 33 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the subcontract service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’
34 34 W1.1(1) 3 Add a new sentence at the end of the clause A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
34 34 W1.1(4) X Dispute resolution table first line change ‘party’ to ‘Party’.
37 37 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
38 38 W2.3(2) 3 In the second bullet, change ‘Adjudicator’ to italics
40 40 X1.6 1 Change ‘Contract Date’ to ‘Subcontract Date’
© NEC Contracts, January 2019 27
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
40 40 X2.1 1 Change ‘Contract Date’ to ‘Subcontract Date’
41 41 X4.1 4 Change ‘Contract Date’ to ‘Subcontract Date’
45 45 X13.1 5 Change ‘Contract Date’ to ‘Subcontract Date’ (two instances)
46 46 Y1.1(5) X Delete clause and substitute ‘Trust Deed is an agreement which contains provisions for administering the Project Bank Account and is in the document which the Subcontract Data states it is in.
46 46 Y1.1(6) X Delete clause and substitute ‘Joining Deed is an agreement under which the Supplier joins the Trust Deed and is in the document which the Subcontract Data states it is in.
49 47 Y1.10 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
49 47 Y1.11 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
55 53 Subcontract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
59 57 Subcontract Data Part one: Liabilities and insurance
X In the entry above the insurance table change ‘Consultant’ to ‘Subcontractor’
59 57 Subcontract Data Part one: Liabilities and insurance
X In the entries for the insurance table, second column “minimum amount of cover” delete the statements against the second and third insurances and change to ‘in respect of each event, without limit to the number of events’.
65 63 Subcontract Data part one
X Add a new entry for ‘Y(UK)1: Project Bank Account’ and insert the following statements ‘If Option Y(UK)1 is used’, ‘The Trust Deed is in’ with a blank box for data entry and ‘The Joining Deed is in’ with a blank box for data entry
66 64 Subcontract Data Part one: Y(UK)3
X Change 'beneficiary’ to italics in both instances
© NEC Contracts, January 2019 28
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
48 X Trust Deed X Delete Trust Deed
49 X Joining Deed
X Delete Joining Deed
© NEC Contracts, January 2019 29
PSSC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
2 2 The Client's Contract Data
X Delete the entry ‘Work is/is not to be carried out on a time charge basis (delete as applicable)’
2 2 The Client's Contract Data
X In the entry for the defects date change completion to Completion
3 3 The Client's Contract Data
X In the entries for the insurance table, second column “minimum amount of cover” delete the statements against the second and third insurances and change to ‘in respect of each event, without limit to the number of events’.
4 4 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
5 5 The Consultant's Contract Data
X Add new guidance box under the people rates that states. “If the work is to be carried out on a time change basis the Consultant includes people rates for its own people as well as people provided by a subcontractor”
5 5 The Consultant's Contract Data
X Add two data entries for “key persons” with blank boxes for the following data to be provided “Name”, “Job”, “Responsibilities”, “Qualifications”, “Experience”
7 7 Price List X Delete the text at the start of the preamble to the Price List “Entries in the first four columns are made either by the Client or the tenderer.” and change to “The contract does not provide for the Consultant to be paid on a mixture of time charge and Prices and one or the other must be selected. If the work is to be paid on a time charge basis, only expenses should be included. No other entries should be made in the Price List. If the Consultant is to be paid on a priced basis the entries in the first four columns are made by either the Client of the tenderer.” Delete the third bullet in the preamble to the Price List. Move the date entry box for ‘The total of the Prices’ to below the first part of the table prior to the entries for “EXPENSES”
CC2 CC2 15.1 3 Delete the first bullet and substitute ‘increase the amount the Client pays to the Consultant,”
© NEC Contracts, January 2019 30
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
CC7 CC7 50.3 8 Add to the end of the current fourth bullet ‘plus the Fee’
X Move the current 3rd bullet to after the current 4th bullet
CC15 CC15 93.4 7 In third bullet, change ‘notifies’ to ‘informs’
© NEC Contracts, January 2019 31
SC Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
9 9 26.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
20 20 63.7 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Accepted Programme and
• events which have happened between the date of the Accepted Programme and the dividing date.’
25 25 90.2 X Termination table, change procedure against the Purchaser R17 or R20 to ‘P1 and P4’
27 27 94.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
37 37 Y1.1(2) X Delete clause and substitute ‘Trust Deed is an agreement which contains provisions for administering the Project Bank Account and is in the document which the Contract Data states it is in.
37 37 Y1.1(3) X Delete clause and substitute ‘Joining Deed is an agreement under which the Supplier joins the Trust Deed and is in the document which the Contract Data states it is in.
43 41 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
45 43 Contract Data Part one: Section 8 liabilities and insurance
X In the entry for the second insurance, delete the word ‘and’ between ‘against death’ and ‘of or bodily injury’
X 49 Contract Data part one
X Add a new entry for ‘Y(UK)1: Project Bank Account’ and insert the following statements ‘If Option Y(UK)1 is used’, ‘The Trust Deed is in’ with a blank box for data entry and ‘The Joining Deed is in’ with a blank box for data entry
38 X Trust Deed X Delete Trust Deed
© NEC Contracts, January 2019 32
Original Page
Page in January 2019 amended Contract
Clause Line Details of the Amendment
39 X Joining Deed
X Delete Joining Deed
© NEC Contracts, January 2019 33
SSC Original Page
Page in January 2019 amended Contract
Clause/ location
Line Details of the Amendment
4 4 Contract Data Part One: General
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
CC16 CC16 93.4 7 In the third bullet, change ‘notifies’ to ‘informs’
© NEC Contracts, January 2019 34
TSC Original Page
Page in January 2019 amended Contract
Clause/ location
Line Details of the Amendment
10 10 26.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
22 22 63.6 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Task Order programme and
• events which have happened between the date of the Task Order programme and the dividing date.’
33 33 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
36 36 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the service has been finalised’
36 36 50.9 11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
37 37 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
40 40 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
49 49 X21.1 2 Second bullet change ‘asset’ to ‘Affected Property’.
49 49 X21.5
2 Change ‘an asset’ with ‘the Affected Property’ [please note that this was omitted from the list within the contract]
63 63 Contract Data part one
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
66 66 Contract Data Part one: Section 8 liabilities and insurance
X In the entry for the second insurance, delete the word ‘and’ between ‘against death’ and ‘of or bodily injury’
© NEC Contracts, January 2019 35
TSS Original Page
Page in January 2019 amended Contract
Clause/ location
Line Details of the Amendment
10 10 26.1 2 Change ‘right’ to ‘any rights’
3 Change ‘rights’ to ‘right’
18 18 53.3 1 Change ‘contact’ to ‘subcontract’
23 23 63.6 X Delete third paragraph and substitute ‘The assessment takes into account
• any delay caused by the compensation event already in the Task Order programme and
• events which have happened between the date of the Task Order programme and the dividing date.’
36 36 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the subcontract service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
39 39 50.9 1 Change ‘when a part of Defined Cost has been finalised’ to ‘when the Defined Cost for a part of the subcontract service has been finalised’
11 Second set of bullets, change first bullet to ‘accepts that part of Defined Cost as correct or’.
40 40 W1.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
43 43 W2.1(1) 3 Add a new sentence at the end of the clause ‘A Party may replace a Senior Representative after notifying the other Party of the name of the replacement’.
49 49 X12.1(6) 3 Change “contract” to “subcontract”
49 49 X12.2(6) 2 Change “contract” to “subcontract”
52 52 X21.1 4 Second bullet change ‘asset’ to ‘Affected Property’.
52 52 X21.5 4 Change ‘an asset’ to ‘the Affected Property’ [please note that this was omitted from the list within the contract]
54 54 Y1.1(5) X Delete clause and substitute ‘Trust Deed is an agreement which contains provisions for administering the Project Bank Account and is in the document which the Subcontract Data states it is in.
54 54 Y1.1(6) X Delete clause and substitute ‘Joining Deed is an agreement under which the Supplier joins the Trust Deed and is in the document which the Subcontract Data states it is in.
55 55 Y1.10 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
© NEC Contracts, January 2019 36
Original Page
Page in January 2019 amended Contract
Clause/ location
Line Details of the Amendment
55 55 Y1.11 1 Change ‘Contractor's contract with the Client’ to ‘main contract’
63 63 Subcontract Data part one
3 Add to the end of the first paragraph ‘(with amendments January 2019)’
67 67 Subcontract Data Part one: Section 8 liabilities and insurance
X In the entry for the second insurance, delete the word ‘and’ between ‘against death’ and ‘of or bodily injury’
73 73 Subcontract Data part one
X Add a new entry for ‘Y(UK)1: Project Bank Account’ and insert the following statements ‘If Option Y(UK)1 is used’, ‘The Trust Deed is in’ with a blank box for data entry and ‘The Joining Deed is in’ with a blank box for data entry
56 X Trust Deed X Delete Trust Deed
57 X Joining Deed
X Delete Joining Deed
© NEC Contracts, January 2019 37
TSSC Original Page
Page in January 2019 amended Contract
Clause/ location
Line Details of the Amendment
4 4 Contract Data Part one: General
Add to the end of the first paragraph ‘(with amendments January 2019)’
CC2 CC2 11.2 X Delete clause 11.2(15) Renumber Clause 11.2(14) to 11.2(13). Renumber Clause 11.2(13) to 11.2(14) and change 1st line to ‘A Task Order is the Client’s instruction to carry out a Task and includes’
CC17 CC17 93.4 7 In the third bullet, change ‘notifies’ to ‘informs’