A B C D E F G H I J K L M N O P Q R S T U V W X Y Z M&E Mechanical and electrical. Main contractor On a project where some of the work is sub-contracted, the main contractor (sometimes also referred to as the head or lead contractor) is the party which enters into a contract with the employer and is ultimately responsible for carrying out the works. The main contractor then sub-contracts some or all of the works to its sub-contractors. Maintenance period The period following practical completion during which the contractor is required to return to site to make good any defects which arise or which are discovered during that period. It is similar to 'rectification period' or 'defects liability period', but

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Named sub-contractor A sub-contractor who is named by the employer in the specification or employer's requirements. The contractor bears the risk of the named sub-contractor's procurement and design (in contrast with the position in relation to nominated sub-contractors). See Practice Note: Sub-contracting in construction projects (Types of sub-contractors). NEC3/NEC4 The NEC contracts promote a collaborative approach and are suitable for procuring a range of works. The NEC3 suite was published in 2005—and a further edition followed in 2013. The NEC4 suite

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Off-site construction An approach to a project whereby a proportion of construction activities are carried out under factory conditions and then later transported to the site. It often involves the production of modules which are then assembled on site. See News Analysis: Off-site construction—the legal implications and Practice Note: Modern Methods of Construction. O&M manuals See Operation and maintenance manuals below. On default bond A conditional bond which is callable on the contractor’s default. On demand bond An

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Parent company guarantee (PCG) A contract between a parent company and a beneficiary, by which the parent guarantees its subsidiary's performance under a separate contract between the subsidiary and the beneficiary (eg a building contract). In the event of the subsidiary failing to perform its obligations under its contract with the beneficiary, the parent company may be required to perform its obligations in its place or reimburse the beneficiary for losses suffered as a result of the subsidiary’s failure to perform. See subtopic: Parent company guarantees in construction projects. Partial possession This is where the employer takes possession of part(s) of the works before practical completion of the whole project, for example to rent a completed floor to a tenant while works continue on other floors. In such a case, practical completion is deemed to have occurred for that part. See Practice Note: Early use and partial possession (Partial possession). Partnering A

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Quantity surveyor (QS) Person/firm appointed by the employer, also known as a cost consultant. The QS advises the client on (usually)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The 'Referral Notice' is the referral of the dispute in writing to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party referring the dispute to adjudication, ie the claimant. Rejoinder The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party. Relevant Event In the JCT form of contract, an event which entitles the contractor to an extension of time in which to complete the works. See Practice Notes: JCT contracts—time andJCT—interpreting the lists of Relevant Events

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A set of amendments to a standard form contract whereby the parties set out agreed amendments to the published terms. This schedule must therefore be read in conjunction with the standard form. The parties must ensure that any schedule of amendments which they negotiate and agree is properly incorporated into the contract. In the NEC3/NEC4 contracts, amendments to the standard form are referred to as Z clauses. See Practice Notes: Construction contract documents and Selection of standard form construction contracts, and our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used for tendering where exact quantities are unknown or in a lump sum contract for the pricing of variations (where it is sometimes known as a Bill of Quantities). The tenderer gives a unit price for each

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Taking-Over Certificate The certificate issued by the Engineer under a FIDIC contract (by the Employer in the Silver Book) which certifies that the Works (or a Section) have been completed to the extent required under the contract and the date that this was achieved (similar to a certificate of practical completion in JCT contracts). See Practice Notes: FIDIC contracts 2017—time and FIDIC contracts (pre-2017 editions)—time. Taking off The recording of dimensions taken from drawings or schedules. The first stage in preparing bills of quantities. Target cost contract A type of cost reimburseable contract under which the contractor is paid the ‘actual cost’ it incurs in carrying out the works, but is subject to a target cost which is agreed by the parties at the beginning of the project. At the end of the project, the parties apply a mechanism/formula to calculate whether savings were made or whether costs overran—the contractor will

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Unforeseen ground conditions Ground conditions which may affect

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Valuation This normally refers to the process of valuing the work that has been carried out (by a contractor, sub-contractor or consultant, as the case may be) in respect of which payment is to be made or an application for payment has been received. Value engineering Taking

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z W options These are the clauses in NEC3/NEC4 contracts concerning dispute resolution. One of the two options W1 or W2 must be selected in the NEC3 form. Where the NEC4 form is used, one of the three options W1, W2 or W3 must be selected. For more information, see Practice Note: NEC contracts—dispute resolution. See also X options, Y options and Z clauses. Waiver Where one party, by its conduct or inaction, voluntarily agrees not to enforce a legal right or to require the other

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z X options These are optional