NEC4 Contract Preparation · Module 1 · Lesson 1 of 4
The NEC4 family and the short forms
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.
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 contract | Short contract | Subcontract | |
|---|---|---|---|
| WorksBuild, with any level of design | ECC | ECSC | ECS or ECSS |
| Professional servicesDesign and other advice | PSC | PSSC | PSS |
| Term servicesUpkeep of an asset in use | TSC | TSSC | TSS |
| SupplyGoods, such as pumps | SC | SSC | No 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 Parties sign. The Project Manager and Supervisor act under it without signing.
“the Client and the Contractor” (11.2(13))
Buys the works.
Builds on one main Option, A to F.
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 Accepted Programme or Early Warning Register. Choose the short form only when there is little risk to manage.
| ECC | ECSC | |
|---|---|---|
| A Project Manager and a SupervisorThe Client runs an ECSC itself | Yes | No |
| An Accepted ProgrammeECSC programme needs sit in the Scope | Yes | No |
| An Early Warning Register | Yes | No |
| Main and secondary OptionsA Price List pays in the ECSC | Yes | No |
| Client’s liabilities as compensation eventsClause 60.1(14) in the ECC | Yes | No |
| Quotation sent with the notificationThe ECSC’s shorter procedure | No | Yes |
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 · ECSC | Works · ECC | |
|---|---|---|
| Value | GBP 48,000 | GBP 8,600,000 estimate |
| The work | Three boreholes on the culvert line | Culvert, pumping station and 1.2 km of embankment |
| Dates | Signed 10 June 2024, logs 16 August | Contract Date 5 January 2026 |
Three fully specified boreholes for GBP 48,000. Which form?
NEC ECSC product page
The works: unknown ground, buried utilities and a river. Which form?
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.
…
ECSC
- A GBP 3,000,000 job with a finished design, known ground and nobody else working alongside.
- Replacing 40 metres of fence on open land, fully specified.
ECC
- A GBP 300,000 job on a live railway.
- A GBP 150,000 upgrade inside a working treatment plant, with a design still changing.
- GBP 240,000 of footpaths, phased around live traffic, with many changes likely.
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 ECSC first for simple, low risk works.
- Choose the ECC when the job needs a Project Manager.
In the Toolkit: NEC4 Contract Checklists (ECC and ECS) (Excel) Members
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?
NEC4 ECSS product page
What does the Client give up in the ECSC?
NEC comparison note, June 2023
Does the ECSC share risk like the ECC?
NEC news, July 2023
Source: NEC ECSS product page. NEC comparison note, June 2023. NEC news, July 2023.