It has been commented on that the NEC documentation contract data is the flimsy part. This is because it was left to the parties to complete the pertinent sections unlike the rest of the NEC documentation.
While Z clauses can be added by parties, one does see contract data with attached works information (scope in NEC4) that contains minimal information and lots of blanks.
Assumption is made that many of the core clauses in NEC contracts have been dealt with the relevant matters in the contract data. This is frequently the case when referring to the scope; but if the scope does not deal with such matters, it will become exceedingly difficult to operate the contract as intended.
Examples of contractual matters overlooked when writing the scope of NEC works contracts in NEC documentation
- Does the scope state whether the working areas are to be shared with other parties (clause 25.1)?
- Does the scope state who is to provide services and hardware such as water and power (clause 25.2)?
- Does the scope state the health and safety requirements that are to apply to the contractor (clause 27.4)?
- Does the scope state the form in which the programme is to be provided (clause 31.2)?
- Does the scope include requirements relating to any quality management system (clause 40.1)?
- Has the contractor in the scope been informed about the materials, facilities and samples to be made available for testing (clause 41.2)?
- Does the scope state the form of payment application (clause 50.2)?
- Does the scope contain requirements for the marking of plant and materials (to be used under the contract) outside the working areas (clause 70.1)?
How to Avoide misunderstandings when writing the scope
When filling in the contract data it is crucial to pay close attention and take cognisance when writing the scope of any NEC documentation . If not misunderstandings could develop from the outset, a possible influx of early warnings plus weighty dispute.
Written by Rudi Klein, NEC Users’ Group President