NEC engineering and construction contract

The following requirements should be included whenever NEC contracts are used.

Contract data

• Defects period - to be 12 months for all areas of work (construction, mechanical and electrical works, landscaping etc).
• Termination - the additional conditions of contract are:
  The employer may terminate the contract by notice, in writing such notice to have effect from the date specified therein, and recover from the contractor the amount of any loss resulting from such cancellation if the contractor, staff or anyone acting on its behalf shall have:
  • offered or given or agreed to give to any person any gift inducement or reward or any other benefit in relation to the obtaining or execution of this contract or any other contract with the employer or have shown or forborne to show favour or disfavour to any person in relation to this contract or any other contract with the employer; or
  • committed any offence under the Prevention of Corruption Acts 1889 and 1916 or given any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972.
• Execution of Contract Documents:
  When the contract is executed as a deed the following attestation clauses must be included in the form of agreement: 

• Limitation of Liability (NEC3 Option X18) - To be as follows and included in the contract data:
  Contracts below £200,000 - limited to £5,000,000 for anyone event
  Contracts £200,000 up to £5,000,000 - limited to £10,000,000 for anyone event
  Contracts over £5,000,000 - discuss with Oxfordshire County Council Corporate Landlord (OCCCL) to determine a suitable higher level of protection.
• Limitation of the Contractors liability for his design to reasonable skill and care - NEC3 Option X15 to be included in all contracts.

Risks and insurance

To be as follows and included in the contract data.

• Loss of or damage to the employer's property
  The employer provides this insurance against the full cost of reinstatement, repair or replacement of loss or damage to the existing structures (including any parts or sections of the works which the employer takes over) together with the contents thereof owned by him or for which he is responsible due to fire, lightning, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and other aerial devices or articles dropped there from, riot and civil commotion, but excluding loss or damage caused by the contractor's negligence or that of those for whom he is responsible, ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosion or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
• The contractor to provide insurance cover, for all risks that are not covered by the employers, as follows:
  Contracts below £200,000 - limited to £5,000,000 for anyone event
  Contracts £200,000 up to £5,000,000 - limited to £10,000,000 for anyone event
  Contracts over £5,000,000 - discuss with OCCCL to determine a suitable higher level of protection.
• The contractor to provide the minimum amount of cover for the third insurance stated in the insurance table as follows:
  Contracts below £200,000 - limited to £5,000,000 for anyone event
  Contracts £200,000 up to £5,000,000 - limited to £10,000,000 for anyone event
  Contracts over £5,000,000 - discuss with OCCCL to determine a suitable higher level of protection.

NBS section A34 security / safety / protection

The following clauses are to be included in all contracts.

• Health and safety:
  The contractor shall comply with the Construction Health and Safety Legislation & On-Site Procedures published by Oxfordshire County Council and available from  the property.helpdesk@oxfordshire.gov.uk.
• The employer may require the contractor to take part in a health and safety audit with representatives of the employer and the CA. Agreed amendments to the contractor's procedures arising from such audits must be implemented within the time specified by the employer's representative.
• Smoking: Smoking is not allowed on any Oxfordshire County Council site.

NBS section A35 specific limitations on method / sequence / timing

The following clause to be included in all contracts.

• Antiquities:
  Ownership: All fossils, antiquities and other objects of interest or value which may be found upon the site shall become the property of the employer. Duty: The contractor shall upon uncovering any such item leave it untouched, properly protected against loss or damage and shall immediately inform the CA to enable him with other interested persons to make a joint examination. The CA will instruct the contractor in all work necessary for the removal or the safeguarding of the said items. Safety: Where a suspension of the work would endanger the works or adjoining property or the safety of workpeople on the site the contractor shall (while making every endeavour to avoid damage or disturbance to the said items) proceed with such work as he considers necessary to remove any such danger.