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NEC4 Contract Preparation · Module 1 · Lesson 1 of 4

The NEC4 family and the short forms

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Why it matters

Dana has GBP 11,200,000 and three things to buy

In November 2023 the River Aske flooded 140 homes. Dana Whitfield, Aldermere Water's Project Manager, leads the relief scheme.

Worksthe culvert, pumping station and embankment
GBP 8,600,000
Designa consultant
GBP 620,000
Ground investigationboreholes
GBP 48,000
GBP 0GBP 6mGBP 12m
The rest is the team, land and a risk allowance. Each purchase here needs a contract, but which NEC4 form?

Source: Aldermere Water board approval, 15 January 2024.

The rule

Most purchases have a main contract, a short contract and a subcontract

The row is what you buy. The column is the size of the job, or the level it sits at.

Main contractShort contractSubcontract
WorksBuild, with any level of design or
Professional servicesDesign and other advice
Term servicesUpkeep of an asset in use
SupplyGoods, such as pumpsNo NEC4 form

This lesson stays on the works row. Module 9 shows how to choose between the ECS and the ECSS.

Source: NEC4 contract title pages and product pages.

The rule

The ECC has two Parties, and the ECS passes work down

Only two sign. The Project Manager and Supervisor act under it without signing.

“the Client and the Contractor” (11.2(13))

Client

Buys the works.

Contractor

Builds on one , A to F.

Subcontractorunder the ECS

Does part of the work, Options A to E.

Source: ECC 11.2(13), Schedule of Options. ECS 11.2(11), Schedule of Options.

The rule

NEC’s test for the short form is risk and complexity, not value

No or . Choose the short form only when there is little risk to manage.

ECCECSC
A Project Manager and a SupervisorThe Client runs an ECSC itselfYesNo
An Accepted ProgrammeECSC programme needs sit in the ScopeYesNo
An Early Warning RegisterYesNo
Main and secondary OptionsA Price List pays in the ECSCYesNo
Client’s liabilities as compensation eventsClause 60.1(14) in the ECCYesNo
Quotation sent with the notificationThe ECSC’s shorter procedureNoYes
NEC offers the for work that is simple, easy to manage and low risk for both sides. It sets no value limit.

Source: NEC ECSC product page. NEC comparison note, June 2023. NEC news, July 2023. ECC 60.1(14).

See it on the project

Aldermere puts its boreholes on an ECSC and its works on an ECC

Decide each, then tap.

Boreholes · ECSCWorks · ECC
ValueGBP 48,000GBP 8,600,000 estimate
The workThree boreholes on the culvert lineCulvert, pumping station and 1.2 km of embankment
DatesSigned 10 June 2024, logs 16 AugustContract Date 5 January 2026

Three fully specified boreholes for GBP 48,000. Which form?

The , with Quarrymoor Drilling. The work is simple and low risk, so Aldermere Water runs it itself, with no Project Manager.

NEC ECSC product page

The works: unknown ground, buried utilities and a river. Which form?

The . That risk needs a , a programme and early warnings, so Dana Whitfield takes the role.

NEC comparison note, June 2023

Source: NEC ECSC product page. NEC comparison note, June 2023. Aldermere contract map, 29 January 2024. Quarrymoor ECSC, June to August 2024.

Try it

Sort each job: the ECSC or the ECC

Judge each job by its risk and how much managing it needs. Ignore the price tag.

Job 1 of 5

…

Source: NEC ECSC product page. NEC comparison note, June 2023.

Recap

Test the short form first, and judge it by risk, not value

Three habits that put the right form on each line.

On Monday at work

  • Sort each purchase into its row: works, services, upkeep or supply.
  • Test the first for simple, low risk works.
  • Choose the when the job needs a Project Manager.

In the Toolkit: NEC4 Contract Checklists (ECC and ECS) (Excel) Members

Next lesson: Subcontractor or supplier

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Independent course material. It is not published or endorsed by NEC. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023, unless another NEC4 contract is named. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: ECC 11.2(13). NEC ECSC product page. NEC comparison note, June 2023.

Go deeper (optional)

Three questions practitioners ask about the short forms

Harder points for later. Skip them if short of time.

Can the ECSS sit under an ECC?

Yes. NEC offers it for simple, low risk subcontract work under an ECC or an ECSC. Module 9 shows how to choose it for each package.

NEC4 ECSS product page

What does the Client give up in the ECSC?

A and an . The Client runs the job and carries the quantity risk on rated items in the .

NEC comparison note, June 2023

Does the ECSC share risk like the ECC?

Not quite. NEC names two differences: the weather event, and a Client’s liability as a only in the ECC (60.1(14)).

NEC news, July 2023

Source: NEC ECSS product page. NEC comparison note, June 2023. NEC news, July 2023.