Scope: Practical commentary on NEC4 ECC. Check the edition, selected options, Contract Data and amendments used on your project.
The Client
Use Client terminology for NEC4 ECC. Identify the Client’s obligations in the contract, including payment, access and anything it is to provide. Confirm how instructions and decisions are to be communicated through the authorised roles.
An informal request needs to be checked for authority and contractual effect. Record it accurately and seek clarification through the appropriate route. Its effect depends on the contract, the communication and the authority of the person issuing it.
The Project Manager
The Project Manager administers the functions allocated by the contract, including relevant instructions, programme responses, compensation event assessments and payment certification. Check the current appointment and any notified delegation.
Maintain a responsibility and response schedule showing the communication, applicable clause, due date and action owner. The Project Manager’s role does not remove the need to follow the contract’s assessment rules.
The Supervisor
The Supervisor has inspection, testing and Defect-related functions under the contract. Check the precise power and communication required rather than treating the role as either a general instruction-giver or someone with no instruction powers.
Keep Defect notifications, correction periods, access arrangements and evidence of correction together. The defects date and a defect correction period are different concepts; a statement that every Defect must simply be corrected by the defects date is unreliable.
The Contractor and design responsibilities
The Contractor provides the works in accordance with the Scope and performs the duties allocated by the contract. The Scope identifies the design the Contractor is required to undertake. Check any selected design-related options and amendments before describing the standard of liability.
Do not assume clause 21.1 always supplies a reasonable-skill-and-care limitation, or that a main pricing option alone decides who designs the works.
Subcontractors and interfaces
Read the subcontract and main contract separately. Main-contract acceptance requirements do not make the Client a party to the subcontract or remove the Contractor’s responsibilities.
- Map who may issue each type of instruction.
- Keep an up-to-date record of appointments and delegations.
- Track notices and response dates under each contract.
- Link interface issues to the programme and site records.
- Escalate uncertainty about authority before relying on an informal instruction.
Sources and further reading
- NEC: Purposes of notifications
- NEC: Accepted programmes
- GMH Planning/CECA: Role of the Project Manager (practical commentary; check the applicable contract and amendments).
Related GMH guidance and discussion
These are practical commentary and discussion. Check the NEC edition and project amendments; older posts may use earlier clause numbering.
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