ECS High Level Quick User Guide
Contents
1. 1 2 27 31 4 54 1 54 2 54 3 63 10 63 12 11 2 22 11 2 28 55 1 60 4 60 5 60 6 Page 4 of 6 GML ECS High Level Quick User Guide Additional Option B clauses cont Any ambiguity between B of Q and another contract document that results in a CE Subcontractor deemed to have taken B of Q as correct Prices contract sum can be reduced with a compensation event Bill of Quantities to be updated in line with compensation events Additional Option C clauses Defined terms Defined cost is subcontracted costs and elements in accordance with schedule of cost components List of disallowed costs that Subcontractor will not get paid for Price for Work Done to Date is total of Defined Cost actual cost Providing the Works Subcontractor provides forecast of total Defined cost at contract intervals Subcontracting Requirement to submit contract data for proposed subcontracts Programme Requirement for activity schedule to relate to items on programme Defined cost Requirement for Subcontractor to keep records Subcontractor s Share Contractor assesses Subcontractor s share of the Prices actual defined cost Provisional assessment of Subcontractor s share following Completion Final assessment of Subcontractor s share following Completion Activity Schedule Makes point activity schedule is not Works Information Activity schedule can be changed by agreement Reasons for not accepting a revised Activity Schedule Com2. 6 4 Ambiguities Raising of and resolving of an ambiguity 17 1 Subcontractors entitlement following resolution of an ambiguity 17 2 Section 2 Subcontractor s Responsibilities Providing the Works Reminder of Subcontractor s obligations as to Provide the Works 20 1 Design Reference back that you only design what WI says you are to design 21 1 Requirement for Subcontractor to submit design and for acceptance 21 2 Design submission can be in parts if suitable 21 3 People Need to provide Key People stated in CD2 or suitable replacement 24 1 Contractor can instruct the removal any person under his control 24 2 Working with Employer and Others Requirement for Subcontractor to work with Others as per instruction WI 25 1 Requirement to meet certain condition by a Key Date in CD1 25 3 Page 1 of 6 GML ECS High Level Quick User Guide Lm RT Section 2 Contractors Responsibilities cont Subcontracting Requirement to submit proposed subsubcontractor for acceptance 26 2 prior to appointing that subsubcontractor Reasons under which Contractor could not accept a subcontractor 26 2 Also have to submit contract terms for subcontractor if not using an NEC 26 3 contract Section 3 Programme Starting Date Completion Date Subcontractor does not start work on site until the first access date 30 1 Contractor certifies date of Completion 30 2 The programme Requirement for Subcontractor to submit first programme for acceptance 31 1 Lis
3. Contractor can request a revised quote 62 4 Contractor can extend period for Subcontractor to produce quote 62 5 Subcontractors quote deemed accepted if no response to notification 62 6 Assessment Basis of quotes required in relation to actual forecast defined cost 63 1 Definition of contractual movement in Completion Date 63 3 Contractor may assess as though early warning had been given but wasn t 63 5 Allocation of risk within a compensation event quotation 63 6 Requires Subcontractor to act promptly and competently to a CE 63 7 How ambiguities will be assessed in terms of a compensation event 63 8 Contractors Assessments Reasons under which Contractor can make his own assessment of a CE 64 1 2 Contractor to notify Subcontractor of his own assessment of a CE 64 3 Deemed acceptance if Contractor does not respond to a notification 64 4 Implementing Implemented when CE accepted assessed deemed accepted 65 1 CE quote is not changed if later found to be wrong 65 2 Prices changed following agreement of a compensation event 65 3 Page 3 of 6 GML ECS High Level Quick User Guide Section 7 Title Where title of materials transfers from Subcontractor to Contractor Contractor marks materials outside the Working Area Subcontractor has no title to anything found existing on the site other than that stated in Works Information Section 8 Risks and Insurance All Contractor Employers risks By difference Subcontractors risks Insurance co
4. GML ECS High Level Quick User Guide La T Introduction This overview is intended to be a quick reference guide as to where you will find a particular subject matter within the ECS contract This guide focuses on the main clauses that will be commonly be used and is based upon an un amended contract Any Z clause amendments would have to be taken into account for an individual project as it could delete or amend any of the original contract clauses Sections 1 8 are the core clauses for every ECS option A E with Option specific clauses start on page 4 Section 1 General Reminder that you have to administer the contract 10 1 Defined terms broadly in alphabetical order 11 2 Communications Everything has to be in a form that is read copied recorded 13 1 Responses within period for reply or as per contract 13 3 May ask for an extension for a period of reply 13 4 Any notification has to be separate from any other communication 13 7 Contractor Contractor acceptance not transfer liability away from Subcontactor 14 1 Contractor must formally delegate actions under 13 7 14 2 Contractor can issue instructions to change the WI 14 3 Working Area Subcontractor can propose an area added to Working Area 15 1 Early Warnings Reasons for which an early warning should be raised 16 1 Instruct the other party to attend a Risk Reduction meeting 16 2 Actions expected of all parties at a risk reduction meeting 16 3 Updating of the Risk Register 1
5. ld if no 1 accepted programme 50 3 Reminder that Contractor has to assess even if no Subcontractor submission 50 4 Payment Contractor to certify payment within 7 days of assessment date 51 1 Confirmation of period within which payment should be made 51 2 Interest recoverable on items corrected on a later certificate 51 3 Defined Cost Any Subcontractors costs not identified in Defined Cost are in the Fee 52 1 Section 6 Compensation Events General List of what events would be considered as compensation events 60 1 Requirement to mitigate the effects of a compensation event 60 3 Notifying Contractor can notify request a quotation which Contractor puts into effect 61 1 Contractor can request a quotation for a proposed quotation 61 2 Subcontractor can notify a CE and can be time barred after a period 61 3 Contractor to accept or not accept if Subcontractor has notified It includes 61 4 a deemed acceptance loop if the Contractor does not respond within period Contractor can advise that an early warning could have been given which 61 5 was not notified Contractor can state assumptions for Subcontractor to base the quote upon 61 6 No compensation events can be issued after Completion 61 7 Quotation Contractor can request alternative quotations for dealing with a CE 62 1 Subcontractor to provide a quote alterations to programme where relevant 62 2 Subcontractor to provide quote within 3 weeks PM response within 2 weeks 62 3
6. pensation events Ve LA L ALLAS MELT e 60 7 63 10 63 12 11 2 23 11 2 25 11 2 29 20 4 26 4 31 4 32 2 53 1 2 53 3 53 3 54 1 54 2 54 3 Total of Prices are not reduced if Subcontractor s idea to reduce defined cost 63 11 By agreement may use shorter schedule of cost components to assess a CE 63 15 Additional Option D clauses Identified and defined terms Defined cost is subcontracted costs and elements in accordance with schedule of cost components List of disallowed costs that Subcontractor will not get paid for Price for Work Done to Date is total of Defined Cost actual cost Providing the Works Subcontractor provides forecast of total Defined cost at contract intervals Subcontracting Requirement to submit contract data for proposed subcontracts Defined cost Requirement for Subcontractor to keep records 11 2 23 11 2 25 11 2 29 20 4 26 4 52 2 Page 5 of 6 GIL ECS High Level Quick User Guide SR Page 6 of 6 ERROR stackunderflow OFFENDING COMMAND STACK
7. t of what is required to be shown on a programme for acceptance 31 2 Requirement for Contractor to accept a programme or not accept 31 3 Revising the Programme List of what should be shown on a revised programme 32 1 Intervals for programme submissionsto Contractor 32 2 Acceleration Contractor can request a quotation for an acceleration 36 1 Section 4 Testing and Defects Tests and Inspections Requirement to carry out tests and inspections as per works information 40 1 Requirement to notify Contractor prior to tests being carried out 40 3 Requirement for Contractor to carry out test inspection 40 5 Before delivery Requirement to carry out tests prior to delivery where required 41 1 Searching notifying defects Contractor can instruct Subcontractor to search for a defect 42 1 Requirement Subcontractor Contractor to make each other aware of defects 42 2 Correcting defects Requirement to correct a defect within correction period 43 2 Contractor to issue defects certificate at end of defects date 43 3 Accepting defects Can propose for a defect to be not corrected and WI changed accordingly 44 1 Uncorrected defects Contractor can rectify a defect and charge a Subcontractor if not carried out 45 1 Page 2 of 6 GML ECS High Level Quick User Guide Lm Section 5 Payment Assessing Amount Due Contractor to assess the amount due at each assessment date 50 1 Definition of the amount due 50 2 Fact that 25 PWDD can be withhe
8. ver details Insurance policies and who needs to provide what to whom Additional Option A clauses Identified and defined terms Use of shorter schedule of cost components and cost of preparing quote is excluded from cost of compensation events Price for Work Done to Date is completed items on the activity schedule Programme Requirement for activity schedule to relate to items on programme Activity Schedule Makes the point activity schedule is not Works Information Activity schedule can be changed by agreement Reasons for not accepting a revised Activity Schedule Compensation Events Prices contract sum can be reduced with a compensation event Activity Schedule to be updated in line with compensation events Additional Option B clauses Identified and defined terms Use of shorter schedule of cost components and cost of preparing quote is excluded from cost of compensation events Price for Work Done to Date is completed quantities at bill rates and proportion of any lump sums Bill of Quantities Makes the point activity schedule is not Works Information Compensation Events Sets the threshold at which a change in quantity is assessed as a compensation event defined cost rather than using bill rates If any change in quantity affects Completion then it is a CE Any errors in the B of Q that are departure from standard method of measurement will be a compensation event Val Lent L LA 70 1 2 71 1 73 1 80 1 81 1 84 85 11 2 20 1
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