NEC4 Engineering and

Construction Contract Option C

Contract Data
 ,~.
~ , ~lil „ I~ ;.1 ~~~, ~~~

This agreement is made between the Client, the Contractor and the Named Suppliers.
Terms in this deed have the meanings given to them in the contract between ............and
...... .
....for .............(the works).

Background
The Client and the Contractor have entered into a contract for the works.
The Named Suppliers have entered into contracts with the Contractor or a Subcontractor in connection
with the works.
The Contractor has established a Project Bank Account to make provision for payment to the
Contractor and the Named Suppliers.

Agreement
The parties to this deed agree that
sums due to the Contractor and Named Suppliers and set out in the Authorisation are held
in
trust in the Project Bank Account by the Contractor for distribution to the Contractor and
Named
Suppliers in accordance with the banking arrangements applicable to the Project Bank Account,
further Named Suppliers may be added as parties to this deed with the agreement of
the Client and
Contractor. The agreement of the Client and Contractor is treated as agreement by the
Named
Suppliers who are parties to this deed,
this deed is subject to the law of the contract for the works,
the benefits under this deed may not be assigned.
Executed as a deed on ...................by
.......................(Client)
.......................(Contractor
.......................
.......................
.......................
.......................(Named
Suppliers)
 Supplier).

Terms in this deed have the meanings given to them in the contract between ........
....and .... .
.........for ..............(the works).

Background

The Client and the Contractor have entered into a contract for the works.

The Named Suppliers have entered into contracts with the Contractor or a Subcontractor
in
connection with the works.

The Contractor has established a Project Bank Account to make provision for payment
to the
Contractor and the Named Suppliers.

The Client, the Contractor and the Named Suppliers have entered into a deed as set out
in
Annex 1 (the Trust Deed), and have agreed that the Additional Supplier may join that
deed.

Agreement

The parties to this deed agree that

the Additional Supplier becomes a party to the Trust Deed from the date set out
below,
this deed is subject to the law of the contract for the works,
~~ the benefits under this deed may not be assigned.
Executed as a deed on ................... by

.......................(Client)

.......................(Contractor

.......................(Additional Supplier)
 Contract Data

Completion of the data in full, according to the Options chosen, is essential to create
a
complete contract.

1 General
The conditions of contract are the core clauses, the clauses for main Option C, the
following Option for resolving and avoiding disputes and secondary Options of the NEC4
Engineering and Construction Contract June 2017

Option for resolving and avoiding disputes

Secondary Options

The works are

The Client is

Name

Address for communications

Address for electronic communications

The Project Manager is

Name

Address for communications

Address for electronic communications

The Supervisor is

Name

Address for communications

Address for electronic communications

Engineering and Construction Contract Option C ~ 62

 The Scope is in

The Site Information is in

The boundaries of the site are

The language of the contract is

The law of the contract is the law of

The period for reply is except that

The period for reply for is

The period for reply for is

The following matters will be included in the Early Warning Register

Early warning meetings are to be held at intervals no longer than

2 The Contractor's main responsibilities

If the Client has The key dates and conditions to be met are
identified work which is
set to meet a stated
condition by a key date condition to be met key date
(1)
~2)
(3)

The Contractor prepares forecasts of the total Defined

Cost for the whole of the the works at intervals no longer
than

Engineering and Construction Contract Option C ~ 63

 3 Time
The starting date is

The access dates are

part of the Site date

(~)

(2)

(3)

The Contractor submits revised programmes at intervals

no longer than

If the Client has decided the the completion date for the whole of the works is
completion date for the
whole of the works

Taking over the works The Client is/is not willing to take over the works before the
before the Completion Date Completion Date (Delete as applicable)

If no programme is The period after the Contract Date within which the
identified in part two of the Contractor is to submit a first programme for acceptance is
Contract Data

4 Quality management

The period after the Contract Date within which the

Contractor is to submit a quality policy statement and
quality plan is

The period between Completion of the whole of the works

and the defects date is

The defect correction period is except that

~- The defect correction

period for is

The defect correction

period for is

5 Payment

The currency of the contract is the

The assessment interval is

The interest rate is %per annum (not less than 2) above the

rate of the bank

Engineering and Construction Contract Option C ~ 64

If the period in which The period within which payments are made is
payments are made is not
three weeks and Y(UK)2 is
not used

The Contractor's share percentages and the share ranges are

share range Contractor's share percentage

less than

from ~%to

from ~/a to
~
ova
greater than

The exchange rates are those published in

on (date)

6 Compensation events

The place where weather is to be recorded is

The weather measurements to be recorded for each calendar month are

the cumulative rainfall(mm)

~° the number of days with rainfall more than 5 mm

the number of days with minimum air temperature less than 0 degrees Celsius

at
the number of days with snow lying 0 hours GMT

and these measurements:

The weather measurements are supplied by

The weather data are the records of past weather measurements for each calendar month
which were recorded at
and which are available from

Engineering and Construction Contract Option C ~ 65

 Where no recorded data are Assumed values for the ten year weather return weather data for each weather
available measurement for each calendar month are

If there are additional These are additional compensation events

compensation events

8 Liabilities and insurance

If there are additional These are additional Clients liabilities
Clients liabilities
(1)

l2)

(3)

The minimum amount of cover for insurance against loss of or damage to property
(except the works, Plant and Materials and Equipment) and liability for bodily injury
to or death of a person (not an employee of the Contractor) arising from or in
connection with the Contractor Providing the Works for any one event is

The minimum amount of cover for insurance against death of or bodily injury to
employees of the Contractor arising out of and in the course of their em to ment in
connection with the contract for any one event is

If the Client is to provide The insurance against loss of or damage to the works, Plant and Materials is to include
Plant and Materials cover for Plant and Materials provided by the Client for an amount of

If the Client is to provide any The Client provides these insurances from the Insurance Table
of the insurances stated in
the Insurance Table (1) Insurance against
Minimum amount of cover is
The deductibles are

Engineering and Construction Contract Option C ~ 66

 (2) Insurance against
Minimum amount of cover is
The deductibles are
(3) Insurance against
Minimum amount of cover is
The deductibles are

If additional insurances The Client provides these additional insurances

are to be provided
(1) Insurance against
Minimum amount of cover is
The deductibles are
(2) Insurance against
Minimum amount of cover is
The deductibles are
(3) Insurance against
Minimum amount of cover is
The deductibles are
The Contractor provides these additional insurances
(1) Insurance against
Minimum amount of cover is
The deductibles are
(2) Insurance against
Minimum amount of cover is
The deductibles are
(3) Insurance against
Minimum amount of cover is
The deductibles are

Resolving and avoiding disputes

The tribunal is

If the tribunal is arbitration The arbitration procedure is

The place where arbitration is to be

held is

Engineering and Construction Contract Option C ~ 67

 The person or organisation who will choose an arbitrator if the Parties cannot
agree a
choice or if the arbitration procedure does not state who selects an arbitrator is

If Option W1 or W2 is used The Senior Representatives of the Client are

Name (1)

Address for communications

Address for electronic communications

Name (2)

Address for communications

Address for electronic communications

The Adjudicator is

Name

Address for communications

Address for electronic communications

The Adjudicator nominating body is

if Option W3 is used The number of members of the Dispute Avoidance Board is one/three (Delete
as applicable)

If Option W3 is used and The Clients nomination for the Dispute Avoidance Board is
the number of members of
the Dispute Avoidance Name
Board is three
Address for electronic communications

The Dispute Avoidance Board visit the Site at intervals no longer than ~
months
The Dispute Avoidance Board nominating
body is

Engineering and Construction Contract Option C ~ 68

 X1: Price adjustment for inflation
If Option X1 is used The proportions used to calculate the Price Adjustment Factor are

0. linked to the index for

0.

0.

0.

0.

0.

0. non-adjustable

1.00

The base date for indices is

These indices are

X5: Sectional Completion

If Option X5 is used The completion date for each section of the works is

section description completion date

~~~ I ~~
~2)

(3)

(4)

X6: Bonus for early Completion

If Option X6 is used without The bonus for the whole of the works is
Option X5 per day

If Option X6 is used with The bonus for each section of the works is
Option X5

section description amount per day

(1)

~2)

(3)

(4)

The bonus for the remainder of the works is

Engineering and Construction Contract Option C ~ 69

 X7: Delay damages

If Option X7 is used without Delay damages for Completion of the whole of the works are
Option X5 per day

If Option X7 is used with Delay damages for each section of the works are
Option X5
section description amount per day
(1)

C2)

(3)

(4)

The delay damages for the remainder of the works are

X8: Undertakings to the Client or Others

If Option X8 is used The undertakings to Others are

provided to

The Subcontractor undertaking to Others are

works provided to

The Subcontractor undertaking to the Client are

works

X10: Information modelling

If Option X10 is used

If no information execution The period after the Contract Date within which the Contractor
plan is identified in part two is to submit a
of the Contract Data first Information Execution Plan for acceptance is

The minimum amount of insurance cover for claims made against

the Contractor arising
out of its failure to use the skill and care normally used by profess
ionals providing
information similar to the Project Information is, in respect of each
claim

The period following Completion of the whole of the works or earlier

termination for
which the Contractor maintains insurance for claims made against
it arisin out of its
failure to use the skill and care is

Engineering and Construction Contract Option C ~ 70

 X12: Multiparty collaboration (not used with Option X20)
If Option X12 is used The Promoter is

The Schedule of Partners is in

The Promoter's objective is

The Partnering Information is in

X13: Performance bond

If Option X13 is used The amount of the performance bond is

X14: Advanced payment to the Contractor

If Option X14 is used The amount of the advanced payment is

The period after the Contract Date from which the

Contractor repays the instalments in assessments is

The instalments are (either an amount or a percentage

of the payment otherwise due)

Engineering and Construction Contract Option C ~ 71

 Advanced payment bond An advanced payment bond is/is not required (Delete as applicable)

X15: The Contracto►'s design

If Option X15 is used The period for retention following Completion of the whole of the works or earlier
termination is

The minimum amount of insurance cover for claims made against the Contract
or arising
out of its failure to use the skill and care normally used by professionals desi
nin
works similar to the works is, in respect of each claim

The period following Completion of the whole of the works or earlier terminati
on for
which the Contractor maintains insurance for claims made against it arisin
out of its
failure to use the skill and care is

X16: Retention

If Option X16 is used The retention free amount is

The retention percentage is

Retention bond The Contractor may/mav not give the Client a retention bond (Delete as applicabl
e)

X17: Low performance damages

If Option X17 is used The amounts for low pertormance damages are

amount performance level

for

for

- for

for

X18: Limitation of liability

If Option X18 is used The Contractor's liability to the Client for indirect or
consequential loss is limited to

For any one event, the Contractor's liability to the Client for
loss of or damage to the Clients property is limited to

The Contractor's liability for Defects due to its design which

are not listed on the Defects Certificate is limited to

The Contractor's total liability to the Client for all matters

arising under or in connection with the contract, other than
excluded matters, is limited to

The end of liability date is ~years after the Completion of the whole
of the works

Engineering and Construction Contract Option C ~ 72

 X20: Key Performance Indicators(not used with Option X12)

If Option X20 is used The incentive schedule for Key Performance Indicators is in

A report of pertormance against each Key Performance

Indicator is provided at intervals of months

X22: Early Contractor involvement(only used with Options C and E)

If Option X22 is used The Budget is
Item description amount
(1)

~2)

(3)

(4)

The Contractor prepares forecasts of the total Defined Cost of

the work to be done in Stage One at intervals no longer than

The Contractor prepares forecasts of the total Project Cost at

intervals no longer than than

If there are additional events These are additional events which could change the Budget
which could change the ~~~
Budget
(2)
(3)

The budget incentive is

~% of the saving

Y(UK)1: Project Bank Account

Charges made and interest The Contractor is/is not to pay any charges made and to be paid any interest paid by
paid by the project bank the project bank (Delete as applicable)

Y(UK)2: The Housing Grants, Construction and Regeneration Act 1996

If Option Y(UK)2 is used and The period for payment is ~days after the date on which payment becomes
the final date for payment is due
not fourteen days after the
date on which payment
becomes due

Engineering and Construction Contract Option C ~ 73

 Y(UK)3: The Contracts (Rights of Third Parties) Act 1999
If Option Y(UK)3 is used term beneficiary

If Y(UK)3 is used with term beneficiar

Y(UK)1 the following entry The provisions of Options Named Su tiers
is added to the table for YUK1
Y(UK)3

Z: Additional conditions of contract

If Option Z is used The additional conditions of contract are

Engineering and Construction Contract Option C ~ 74

 • 1 1 1~ A ~ I ~_•

Completion of the data in full, according to the Options chosen, is essential to create a
complete contract.

1 General
The Contractor is

Name

Address for communications

Address for electronic communications

The fee percentage is

The working areas are

The key persons are

Name (1)
Job
Responsibilities
Qualifications
Experience
Name (2)
Job
Responsibilities
Qualifications
Experience

The following matters will be included in the Early Warning Register

Engineering and Construction Contract Option C ~ 75

 2 The Contractor's main responsibilities

If the Contractor is to provide The Scope provided by the Contractor for its design is in
Scope for its design

3 Time

If a programme is to be The programme identified in the Contract Data is

identified in the Contract
Data

If the Contractor is to decide The completion date for the whole of the works is
the completion date for the
whole of the works

5 Payment

The activity schedule is

The tendered total of the Prices is

Resolving and avoiding disputes

If Option W1 or W2 is used The Senior Representatives of the Contractor are

Name (1)

Address for communications

Address for electronic communications

Name (2)

Address for communications

Address for electronic communications

If Option W3 is used The Contractor's nomination for the Dispute Avoidance Board is

Name

Address for electronic communications

Engineering and Construction Contract Option C (76

 X10: Information modelling
If Option X10 is used

If an information execution The information execution plan identified

plan is to be identified in the in the Contract Data is
Contract Data

X22: Early Contractor involvement(only used with Options C and E)

If Option X22 is used The Stage One key persons are

Name (1)
Job
Responsibilities
Qualifications
Experience
Name (2)
Job
Responsibilities
Qualifications
Experience
The Pricing Information is in

Y(UK)1: Project Bank Account

If Option Y(UK)1 is used The projectbank is

named suppliers are

Data for the Schedule of Cost Components

The listed items of Equipment purchased for work on the contract, with an on cost charge,
are

Equipment time-related on cost per time period

charge

~~

Engineering and Construction Contract Option C ~ 77

 The rates for special Equipment are

Equipment rate

The rates for Defined Cost of manufacture and fabrication outside the Workings Areas by
the Contractor are

category of person rate

The rates for Defined Cost of design outside the Workings Areas are

category of person rate

The categories of design people whose travelling expenses to and from the Working Areas are
included as a cost of design of the works and Equipment done outside the Working Areas are

Engineering and Construction Contract Option C ~ 78