NEC contracts—design
NEC contracts—design

The following Construction practice note provides comprehensive and up to date legal information covering:

  • NEC contracts—design
  • Responsibility for design
  • Standard of care and Option X15
  • NEC3
  • NEC4
  • Discrepancies/changes in design documents
  • Design submission procedure
  • Copyright and retention of design documents
  • Professional indemnity insurance
  • Design of equipment
  • More...

NEC contracts—design

Some suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility for designing, as well as building, the works—the JCT suite, for example, contains the well-known JCT Design and Build form. The NEC3/NEC4 suites of contract take a different approach and do not include a separate design and build contract. The NEC4 suite introduced the Design Build and Operate (DBO) contract, but this form, as the name suggests, is intended for use where the employer wishes the contractor to design and build, but also operate/maintain, an asset for a period of time.

The NEC Engineering and Construction Contract (ECC) is intended to be suitable for use whether the Contractor has no design responsibility, responsibility for the whole design, or for any part of the design of the works. NEC envisage that the requirements as to design will be set out in the Works Information (in NEC3 terminology)/Scope (under NEC4).

This Practice Note looks at how design is addressed under the NEC ECC. For a more general discussion of design responsibility, see Practice Note: Design liability in construction contracts.

For details of how design is dealt with in other standard forms of construction contract, see Practice Notes: JCT contracts—design, FIDIC contracts 2017—design, FIDIC contracts (pre-2017 editions)—design and CIOB Time and Cost Management Contract — Notable Features of

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