Practical Guide to the NEC3 Professional Services Contract

Currently in its third edition, the NEC suite has become one of the
UK's leading families of standard forms of contract for major
construction and civil engineering projects. Part of the NEC suite,
the Professional Services Contract (PSC) was drafted with the same
process-based approach and objectives, offering a standard contract
for the appointment of consultants providing professional services
in an engineering or construction project. Embodying best practice
in terms of project management, the basic philosophy of the PSC
differs from the principles and approach of other standard
contracts used to appoint consultants.

This book is a practical guide to the application of the PSC.
Starting with a brief discussion of the background and philosophy
behind the PSC, it identifies the roles and responsibilities of
each of the named functions within the contract, explains the
approaches required to achieve a successful working relationship
between all parties, and examines all the procedures in the PSC.
The book explains the links between the various sections of the
contract to assist the reader with cross referencing, and covers
all the variations created by the Main and Secondary Options. As a
very practical guide it will aid users in the transition from their
use and understanding of the other standard contracts to the
collaborative project management-based approach of the PSC.

Written for anyone working in the construction and related
industries using the PSC to procure or provide consultancy services
in relation to a construction project, it will be of interest to
the complete construction supply chain, particularly architects,
structural engineers, services (M&E) engineers, civil
engineers, quantity surveyors and interior designers, together with
Contractors and Sub-Contractors who have a design liability and
employ consultants to assist them. It will also be of interest to
consultants and lawyers advising any of these parties, either in
the preparation of contract documentation or the resolution of
problem situations which may arise.

Auteur

Michael Rowlinson MSc, DipArb, MRICS, FCIOB, FCIArb, FCICES,
is a Director of Alway Associates (London) Ltd. He is an
experienced construction professional, having qualified initially
as a Chartered Quantity Surveyor and later as a Chartered Builder.
After over 20 years with private practice and contractors Michael
joined Alway Associates in 1998, specialising in Construction
Contracts and Law. As part of his work Michael has lectured
extensively for the Construction Study Centre and direct for his
own clients, predominantly on the NEC suite of Contracts. He has
written a number of articles on this suite of contracts which have
been published in the Civil Engineering Surveyor and the NEC User
Group's Newsletter, as well as on the Alway Associates
website. This is his second book about a contract from the NEC3
suite.

Résumé
Currently in its third edition, the NEC suite has become one of the UK's leading families of standard forms of contract for major construction and civil engineering projects. Part of the NEC suite, the Professional Services Contract (PSC) was drafted with the same process-based approach and objectives, offering a standard contract for the appointment of consultants providing professional services in an engineering or construction project. Embodying best practice in terms of project management, the basic philosophy of the PSC differs from the principles and approach of other standard contracts used to appoint consultants. This book is a practical guide to the application of the PSC. Starting with a brief discussion of the background and philosophy behind the PSC, it identifies the roles and responsibilities of each of the named functions within the contract, explains the approaches required to achieve a successful working relationship between all parties, and examines all the procedures in the PSC. The book explains the links between the various sections of the contract to assist the reader with cross referencing, and covers all the variations created by the Main and Secondary Options. As a very practical guide it will aid users in the transition from their use and understanding of the other standard contracts to the collaborative project management-based approach of the PSC.

Written for anyone working in the construction and related industries using the PSC to procure or provide consultancy services in relation to a construction project, it will be of interest to the complete construction supply chain, particularly architects, structural engineers, services (M&E) engineers, civil engineers, quantity surveyors and interior designers, together with Contractors and Sub-Contractors who have a design liability and employ consultants to assist them. It will also be of interest to consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the resolution of problem situations which may arise.

Contenu

1 Introduction 1

1.1 General 1

1.2 Mechanics not law 2

1.3 A simple formula for understanding a contract 2

1.4 Mandatory or discretionary 3

1.5 Conditions precedent 4

1.6 Note on use of upper case in key words and phrases 4

2 Background to the NEC Family of Contracts 6

2.1 The background: First editions 6

2.2 The second edition 7

2.3 The third edition 8

2.4 Endorsement of NEC3 by the Office of Government Commerce 8

2.5 General philosophy: Aims and objectives 9

2.6 Flexibility 9

2.7 Clarity and simplicity 10

2.8 Stimulus to good management 11

2.9 Other characteristics 12

3 The Options: An Overview 13

3.1 General arrangement of the PSC 13

3.2 Other documents referred to 15

3.3 Contract Data 16

3.4 The published documents 16

3.5 Main options: General outline 17

4 'Spirit of Mutual Trust and Cooperation' 18

4.1 Introduction 18

4.2 Core clause 10.1 18

4.3 What does it mean? 20

4.4 Practical issues 21

5 The Cast of Characters 25

5.1 Introduction 25

5.2 The Employer 25

5.3 The Employer's Agent 27

5.4 The Consultant 29

5.5 The Adjudicator 29

5.6 Subconsultants 30

5.7 'Others' 30

5.8 CDM Coordinator 31

5.9 Principal Contractor 32

5.10 Practical issues 32

6 Communications, Early Warnings and other General Matters 34

6.1 Introduction 34

6.2 Communications: The clause 34

6.3 Communications: Practical issues 36

6.4 Early warnings: The clause 38

6.5 Early warnings: Practical issues 39

6.6 Other matters: The clauses 42

6.7 Other matters: Practical issues 44

7 The Parties' Main Responsibilities 46

7.1 Introduction 46

7.2 The Employer's obligations 46

7.3 The Consultant's obligations 47

7.4 Other matters 48

7.5 Practical issues 52

8 Subconsulting 55

8.1 Introduction 55

8.2 Definition of a Subconsultant 55

8.3 The core clauses 56

8.4 Provisions in the main options 56

8.5 Practical issues 57

8.6 Using the PSC as a Subcontract 58

9 Quality 59

9.1 Introduction 59

9.2 Quality management system 59

9.3 What is a Defect? 60

9.4 The Defects procedure 61

9.5 Uncorrected Defects 62

9.6 Practical issues 62

10 Rights to Material 65

10.1 Introduction 65

10.2 The core clauses 65

10.3 Secondary option X9 66

10.4 Practical issues 67

11 Indemnity, Insurance and Liability 68

11.1 Introduction 68

11.2 The core clauses 68

11.3 Secondary option X18: Limitation of liability 70

11.4 Practical issues 71

12 Time 74

12.1 Introduction 74

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