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Training Programme
Standard Forms
- 1.1 The Structure of NEC3 Contracts
- - Contract Types ECC, ECSC, ECS, ECSS, PSC, TSC, FC and AC.
- - Main Obligations
- - Core Clauses and Options
- - Documents Referred
- - Schedule of Cost Components
- - Contract Data
- 1.2 Main Options
- - Main Differences
- - Options A to G, additional clauses and operation.
- - Option W1
- - Option W2
- 1.3 Secondary Options
- - Options X1 to X20
- - Option Y(UK)2
- - Option Y(UK)3
- - Option Z
- 1.4 Short Forms ECSC & ECSS
- - Summary
- - Contract Data
- 1.5 Framework Contract
- - Terminology
- - Work and Services
- - Operation
- 1.6 Adjudicator Contract
- - Agreement
- - Section 1 General
- - Section 2 Adjudication
- - Section 3 Payment
- - Section 4 Termination
- 1.7 NEC3 and Risk
- - Hazard and Risk
- - Pricing Risk
- - Risk Consequences
- - NEC3 Risk Events
- - NEC3 Identification & Management of Risk
- 2.1 Contract Formation
- - Construction Practice
- - The Legal Requirement for Formality
- - Construction Industry Best Practice
- - NEC3 ECC and ECS Contracts
- - The meaning of "this contract"
- - The meaning of Contract Date
- - the law of the contract
- - the meaning of applicable law
- 2.2 Particular Issues of Contract Formation & Interpretation
- - Incorporation by Reference
- - Incomplete Contract Data
- - Clause 12.4 (Entire Agreement)
- - Implied Terms
- - Interpretation
- 2.3 Instructions, Acceptance & Defects
- - Role of Project Manager
- - Clause 26 Reasons for Withholding acceptance
- - Subcontracting
- - Defects
- - low performance damages
- 2.4 Payment
- - assessment dates
- - amount due
- - Price for Work Done to Date
- - deductions and payment by Contractor
- - Interpretation of Disallowed Costs
- - applications for payment
- - certificates of payment
- 2.5 Progress
- - Commencement
- - Key Dates
- - Completion
- - Take Over
- - delay damages
- 2.6 Programme
- - programme form
- - revisions to programme
- - use of programme in assessing compensation events
- 2.7 Compensation Events
- - Points of Conflict
- - Formaility of Valid Notice
- - Clause 61.1 Notice
- - Clause 61.3 Notice
- - Clause 61.4 Notice, liability, fault, cause, effect
- - Clause 61.5 Notice
- - Clause 61.6 Decision
- - Clause 62.3 Notice
- - Clause 64.3 Notice
- - Clause 63.4 Exclusive Rights
- - Interpretation of Schedule of Cost Components
- 2.8 Dispute Resolution
- - Option W1
- - Option W2
- 2.9 Termination
- - Procedure
- - Reasons
- 3.1. Introduction to JCT Forms
- - Description of Editions.
- - Criteria for use, flexibility of contract documentation.
- - Introduction to clauses of contract.
- - Use of Minor Works Agreement and Contract Documents.
- 3.2. Early Decisions and Basic Information
- - Procurement Options
- - Requirement for Architect, Building Surveyor or unqualified technical person be able to act as Contract Administrator.
- - Requirement for Quantity Surveyor;
- - Possession and completion;
- - Liquidated damages to be included;
- - Insurance;
- - Fluctuations;
- - Contractor's Design;
- - Drawings, Bills of Quantities, Specification or Schedule of Works, Contract Sum Analysis or Schedule of Rates.
- 3.3. On Site Working and Problem Areas
- - Programme;
- - Further Drawings;
- - Possession of the site and access;
- - Architect or Contract Administrator's instructions;
- - Quality of work, defective work and testing;
- - Delays, extensions of time and procedures;
- - Liquidated damages, non-completion certificate;
- - Practical Completion;
- - Defects Liability Period, Certificate of Making Good Defects;
- 3.4 Variations, Certificates and Payment
- - Variations, measurement, valuation and payment, dayworks;
- - Applications for payment, Certificates, payment, retention money, interest;
- - Materials stored on site;
- - Retention of title clauses;
- - Set-off;
- - Insolvency;
- - Suspension of work for non-payment;
- - Final Certificate.
- 3.5 Defaults and Disputes
- - PC Sums and Provisional Sums;
- - Avoidance of claims;
- - Procedure for claims;
- - Determination of employment;
- - Dispute Resolution
- 4.1 The Contracts
- - The Forms of Contract
- - The Parties
- - The Documents
- - Acceptance of Tender
- - Interpretation
- - Commencement
- - Powers & Obligations of the Engineer/Employer
- - Delegation
- - Liability of the Engineer
- - Approvals
- - Insurance
- 4.2 Programmes and Delays
- - Programme
- - Extensions of Time
- - Certificate and Completion
- - Liquidated Damages
- 4.3 SubContracts
- - Obligations and Liabilities
- - Nominated Sub-Contracts
- 4.4 Construction Problems and Claims
- - Changed Ground Conditions and Site Investigations
- - Physical Impossibility
- - Possession of the Site
- - Material and Workmanship
- - Claims made in accordance with the Contract
- - Claims Procedure
- - Heads of Claim
- - Finance Charges
- - Interest
- 4.5 Valuing the Works
- - Sufficiency of the Tender
- - Payment
- - Certificates
- - Measurement and Valuation Problems
- - Variations
- - Rate Fixing
- 4.6 Dispute Resolution
- - Claims
- - Dispute Adjudication Board
- - Amicable Settlement
- - Mediation
- - Arbitration
- 5.1 Adjustments to the Contract Price,
- - Introduction
- - The meaning of 'Contract Price'
- - Reasons for expressly providing for adjustment
- - Matters for which the Contract Price may be adjusted
- - Matters for which the Contract Price will not be adjusted
- - How the Contract Price is adjusted
- 5.2 Unexpected Site Conditions, Claims for Extra Payments and Notification of Claims
- - Works underground or involving excavation
- - Informing the Engineer and obtaining approval
- - Requirements of Clauses 20.1, 3.5 and 8.4
- - Notification Procedure
- 5.3 Valuation of Variations and Schemes for Interim Payments
- - Requirements for an instruction to give rise to a variation
- - Notification requirements
- - Determination of the amount to be added or deducted from the Contract Price
- - Limit on value of variations
- - The provisions for interim payment set out in the General Conditions
- - Payment for work carried out off site
- - Terms of payment
- - Frequency of payment and valuations of work carried out
- 5.4 Release of Retention Monies, Payment Bonds and Effect of the Final Payment Certificate
- - Release of Retention Monies
- - Advance payment guarantees
- - Performance bonds
- - Final Payment Certificate
- 6.1 The Contract and Construction
- - The Agreement
- - Contract Documents
- - The Parties
- - The Project Manager
- - Variations
- - Extensions of Time
- - Programme of Works
- - Notice
- - Liquidated Damages
- - Certificates
- - Unforeseen Conditions
- 6.2 Payments, Defects and Dispute Resolution
- - Risk allocation
- - Cooperation with Employer
- - Payment
- - Fitness for Purpose
- - Materials and Workmanship
- - Quality of Work
- - Remedial Works
- - Time
- - Liability
- - Exclusion Clauses
- - Expert
- - Arbitration
- - Adjudication
- 7.1 SubContract Principles and Performance
- - Formation of Sub Contract
- - Effect on Contractor of SubContracting
- - Incorporation of Main Contract Terms
- - Incorporation of Arbitration
- - Assignment
- - Responsibility for performance
- - Liability of Sub Contractors
- - Prime Cost and Provisional Sums
- - SubContractors Design
- - Design Warranties
- 7.2 Standard Forms
- - CECA
- - DOM/1 and /2
- - ICheme
- - NEC3
- 7.3 Payment
- - Payment Procedure
- - Prices
- - Daywork
- - Retention
- - Discount
- - Set Off
- - Pay-When-Paid
- 7.4 Administration of SubContracts
- - Commencement and Completion
- - Programmes
- - Delays and L.D's
- - Extension of Time
- - Notice
- - Access and Attendance
- - Defects Liability
- - Architect/Engineer Approval
- - Variations and Instructions
- - Valuations of Variations
- - Dispute Resolution
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