Actions
- 10.1
The Employer, the Contractor, the Project Manager and the Supervisor shall act as stated in this contract and in a spirit of mutual trust and co-operation.
The full NEC3 Engineering and Construction Contract core clauses (sections 1–9). Browse by section or search any clause number, defined term, or phrase.
Section 1
Actions, defined terms, interpretation, communications, early warning, ambiguities, illegal or impossible requirements, prevention.
The Employer, the Contractor, the Project Manager and the Supervisor shall act as stated in this contract and in a spirit of mutual trust and co-operation.
In these conditions of contract, terms identified in the Contract Data are in italics and defined terms have capital initials.
A Key Date is the date by which work is to meet the Condition stated. The Key Date is the key date stated in the Contract Data and the Condition is the condition stated in the Contract Data unless later changed in accordance with this contract.
Others are people or organisations who are not the Employer, the Project Manager, the Supervisor, the Adjudicator, the Contractor or any employee, Subcontractor or supplier of the Contractor.
The Parties are the Employer and the Contractor.
Plant and Materials are items intended to be included in the works.
To Provide the Works means to do the work necessary to complete the works in accordance with this contract and all incidental work, services and actions which this contract requires.
The Risk Register is a register of the risks which are listed in the Contract Data and the risks which the Project Manager or the Contractor has notified as an early warning matter. It includes a description of the risk and a description of the actions which are to be taken to avoid or reduce the risk.
The Site is the area within the boundaries of the site and the volumes above and below it which are affected by work included in this contract.
Site Information is information which describes the Site and its surroundings and is in the documents which the Contract Data states it is in.
A Subcontractor is a person or organisation who has a contract with the Contractor to construct or install part of the works, provide a service necessary to Provide the Works or supply Plant and Materials which the person or organisation has wholly or partly designed specifically for the works.
The Working Areas are those parts of the working areas which are necessary for Providing the Works and used only for work in this contract, unless later changed in accordance with this contract.
Works Information is information which either specifies and describes the works or states any constraints on how the Contractor Provides the Works, and is either in the documents which the Contract Data states it is in or in an instruction given in accordance with this contract.
In this contract, except where the context shows otherwise, words in the singular also mean in the plural and the other way round and words in the masculine also mean in the feminine and neuter.
This contract is governed by the law of the contract.
No change to this contract, unless provided for by the conditions of contract, has effect unless it has been agreed, confirmed in writing and signed by the Parties.
This contract is the entire agreement between the Parties.
Each instruction, certificate, submission, proposal, record, acceptance, notification, reply and other communication which this contract requires is communicated in a form which can be read, copied and recorded. Writing is in the language of this contract.
A communication has effect when it is received at the last address notified by the recipient for receiving communications or, if none is notified, at the address of the recipient stated in the Contract Data.
If this contract requires the Project Manager, the Supervisor or the Contractor to reply to a communication, unless otherwise stated in this contract, he replies within the period for reply.
The Project Manager replies to a communication submitted or resubmitted to him by the Contractor for acceptance. If his reply is not acceptance, the Project Manager states his reasons and the Contractor resubmits the communication within the period for reply taking account of these reasons. A reason for withholding acceptance is that more information is needed in order to assess the Contractor's submission fully.
The Project Manager may extend the period for reply to a communication if the Project Manager and the Contractor agree to the extension before the reply is due. The Project Manager notifies the Contractor of the extension which has been agreed.
The Project Manager issues his certificates to the Employer and the Contractor. The Supervisor issues his certificates to the Project Manager and the Contractor.
A notification which this contract requires is communicated separately from other communications.
The Project Manager may withhold acceptance of a submission by the Contractor. Withholding acceptance for a reason stated in this contract is not a compensation event.
The Project Manager's or the Supervisor's acceptance of a communication from the Contractor or of his work does not change the Contractor's responsibility to Provide the Works or his liability for his design.
The Project Manager and the Supervisor, after notifying the Contractor, may delegate any of their actions and may cancel any delegation. A reference to an action of the Project Manager or the Supervisor in this contract includes an action by his delegate.
The Project Manager may give an instruction to the Contractor which changes the Works Information or a Key Date.
The Employer may replace the Project Manager or the Supervisor after he has notified the Contractor of the name of the replacement.
The Contractor may submit a proposal for adding an area to the Working Areas to the Project Manager for acceptance. A reason for not accepting is that the proposed area is either not necessary for Providing the Works or used for work not in this contract.
The Contractor and the Project Manager give an early warning by notifying the other as soon as either becomes aware of any matter which could increase the total of the Prices, delay Completion, delay meeting a Key Date or impair the performance of the works in use. The Contractor may give an early warning by notifying the Project Manager of any other matter which could increase his total cost. The Project Manager enters early warning matters in the Risk Register. Early warning of a matter for which a compensation event has previously been notified is not required.
Either the Project Manager or the Contractor may instruct the other to attend a risk reduction meeting. Each may instruct other people to attend if the other agrees.
At a risk reduction meeting, those who attend co-operate in making and considering proposals for how the effect of the registered risks can be avoided or reduced, seeking solutions that will bring advantage to all those who will be affected, deciding on the actions which will be taken and who, in accordance with this contract, will take them and deciding which risks have now been avoided or have passed and can be removed from the Risk Register.
The Project Manager revises the Risk Register to record the decisions made at each risk reduction meeting and issues the revised Risk Register to the Contractor. If a decision needs a change to the Works Information, the Project Manager instructs the change at the same time as he issues the revised Risk Register.
The Project Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Project Manager gives an instruction resolving the ambiguity or inconsistency.
The Contractor notifies the Project Manager as soon as he considers that the Works Information requires him to do anything which is illegal or impossible. If the Project Manager agrees, he gives an instruction to change the Works Information appropriately.
If an event occurs which stops the Contractor completing the works or stops the Contractor completing the works by the date shown on the Accepted Programme, and which neither Party could prevent and an experienced contractor would have judged at the Contract Date to have such a small chance of occurring that it would have been unreasonable for him to have allowed for it, the Project Manager gives an instruction to the Contractor stating how he is to deal with the event.
Source: NEC3 Engineering and Construction Contract, April 2013 reprint. © NEC / Thomas Telford Ltd. Provided here for reference and navigation. Always read the executed contract before acting.