The following Construction guidance note provides comprehensive and up to date legal information covering:
The NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite of contracts. The NEC4 suite of contracts was published in June 2017 (with a set of amendments published in March 2019). The previous form, NEC3, last published in April 2013, was previously called the Professional Services Contract (note the subtle difference). This Practice Note covers both the NEC4 and NEC3 forms of the PSC—noting any changes in approach and different clause references where appropriate. This Practice Note refers to the ‘Client’ as this is the terminology used in the NEC4 suite; in the NEC3 suite the term ‘Employer’ was used.
The PSC takes a somewhat different approach to other published forms of consultant appointment as it contains provisions which are akin to an engagement of a contractor, including detailed provisions in relation to programming and optional liquidated damages if the consultant is late completing the services.
The PSC was drafted by the NEC to be used to engage suppliers providing professional services for a wide variety of consultancy services. It is part of the NEC3/NEC4 contract suites and adopts the same emphasis on collaboration and the same present tense language as the other documents in the NEC suites. See Practice Note: NEC contracts—introduction.
The NEC envisage that where the main contractor
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