New Engineering Contract

obligations of the employer. 5.6 The project manager. 5.7 Express duties of the project manager. 5.8 The supervisor. 5.9 Express duties of the supervisor. 5.10 Communications. 5.11 The project manager and the supervisor. 6 General core clauses. 6.1 Introduction. 6.2 Actions. 6.3 Identified and defined terms. 6.4 Interpretation and the law. 6.5 Communications etc. 6.6 Instructions. 6.7 Adding to the working areas. 6.8 Early warning. 6.9 Ambiguities and inconsistencies. 6.10 Illegal and impossible requirements. 6.11 Prevention. 7 Obligations and responsibilities of the contractor. 7.1 Introduction. 7.2 Design obligations, responsibilities and liabilities. 7.3 Providing the works. 7.4 The contractor's design. 7.5 Using the contractor's design. 7.6 Design of equipment. 7.7 People. 7.8 Working with the employer and others. 7.9 Subcontracting. 7.10 Other responsibilities. 7.11 Express obligations of the contractor. 7.12 Express prohibitions on the contractor. 8 Time (and related matters). 8.1 Introduction. 8.2 Starting and completion. 8.3 Programmes. 8.4 Revision of programmes. 8.5 Shortened programmes. 8.6 Access to and use of the site. 8.7 Instructions to stop or not to start work. 8.8 Take over. 8.9 Acceleration. 9 Testing and defects. 9.1 Introduction. 9.2 Definitions and certificates. 9.3 Tests and inspections. 9.4 Testing and inspection before delivery. 9.5 Searching and notifying defects. 9.6 Correcting defects. 9.7 Accepting defects. 9.8 Uncorrected defects. 10 Payments. 10.1 Introduction. 10.2 Assessing the amount due. 10.3 Payments. 10.4 Defined cost. 10.5 Payments - main option A. 10.6 Payments - main option B. 10.7 Payments - main options. 10.8 Payments - main option D. 10.9 Payments - main option E. 10.10 Payments - main option F. 11 NEC 3 compensation event schemes. 11.1 Introduction. 11.2 Changes in NEC 3. 11.3 Outline of procedures. 11.4 Defining a compensation event. 11.5 Compensation events as exclusive remedies. 11.6 Fairness of the compensation event procedures. 11.7 Unusual features of the compensation event procedures. 12 Listed compensation events. 12.1 Introduction. 12.2 Omissions from the list. 12.3 Works information related events. 12.4 Employer's default events. 12.5 Employer's risk events. 12.6 Project Manager / supervisor related events. 12.7 Physical conditions. 12.8 Adverse weather. 12.9 Prevention. 12.10 Measurement related events. 12.11 Secondary option clause events. 13 Notifying compensation events. 13.1 Introduction. 13.2 Notifications by the project manager. 13.3 Notifications by the contractor. 13.4 Project manager's response to notifications. 13.5 Last date for notifications. 14 Quotations for compensation events. 14.1 Introduction. 14.2 Instructions to submit quotations. 14.3 Instructions for alternative quotations. 14.4 Submission of quotations. 14.5 Status of the contractor's quotations. 15 Assessment of compensation events. 15.1 Introduction. 15.2 Changes from ECC 2. 15.3 General assessment rules. 15.4 Particular assessment rules. 15.5 Project manager's assessments. 15.6 Implementing compensation events. 15.7 Other financial remedies. 16 Title. 16.1 Introduction. 16.2 Employer's title to equipment, plant and materials. 16.3 Marking equipment, plant and materials. 16.4 Removing equipment. 16.5 Objects and materials within the site. 17 Risks and insurances. 17.1 Introduction. 17.2 Employer's risks. 17.3 Contractor's risks. 17.4 Repairs. 17.5 Indemnity. 17.6 Insurance cover. 17.7 Insurance policies. 17.8 Contractor's failure to insure. 17.9 Insurance by the employer. 18 Termination. 18.1 Introduction. 18.2 Summary of NEC 3 termination provisions. 18.3 Termination for "any reason". 18.4 Termination under section 9 of NEC 3. 18.5 Reasons for termination under NEC 3. 18.6 Procedures on termination under NEC 3. 18.7 Amounts due on termination under NEC 3. 19 Dispute resolution. 19.1 Introduction. 19.2 Developments in dispute resolution. 19.3 Meaning of dispute. 19.4 Adjudication under option W1. 19.5 Adjudication under option W2. 19.6 Review by the tribunal. 19.7 NEC 3 Adjudicator's Contract. 20 NEC 3 engineering and construction subcontract. 20.1 Introduction. 20.2 Core clauses - general. 20.3 Core clauses - the subcontractor's main responsibilities. 20.4 Core clauses - time. 20.5 Core clauses - testing and defects. 20.6 Core clauses - payment. 20.7 Core clauses - compensation events. 20.8 Core clauses - title. 20.9 Core clauses - risks and insurance. 20.10 Core clauses - termination. 20.11 Dispute resolution. 21 NEC 3 family of contracts. 21.1 The contracts. 21.2 Engineering and construction short contracts. 21.3 Term service contract. 21.4 Framework contract. 21.5 Professional services contract. 21.6 Adjudicator's contract. 21.7 Concluding comment