- a® TCC 3 Engineering and Construction Contract CORE CLAUSES od General Actions 10 8 40.4 The Empioyer, the Contractor, the Project Manager and the Supervisor shall, act as stated ‘in this contract and in a spirit of mutual trust and co-operation. Identified and defined 11 terms 14.1 In these conditions of contract, terms identified in the Contract Data are in italics and defined terms have capital initials. 11.2 (1) The Accepted Programme Is the programme identified In the Contract Data or is the latest programme accepted by the Project Manager. The latest programme accepted by the Project Manager supersedes previous Accepted Programmes. (2) Completion is when the Contractor has * done all the work which the Works Information states he is to do by the Completion Date and * corrected notified Defects which would have prevented the Employer from using the works and Others from doing their work. If the work which the Contractor Is to do by the Completion Date Is not stated in the Works Information, Completion is when the Contractor has done all the work necessary for the Employer to use the works and for Others to do their | work. 8 (3) The Completion Date is the completion date unless later changed in accordance with this contract. (4) The Contract Date is the date when this contract came into existence. (5) A Defect is + part of the works which is not in accordance with the Works Information | 2 or 8 + a part of the works designed by the Contractor which is not in accordance with the applicable law or the Contractor's design which the Project. \_ Manager has accepted. (6) The Defects Cortificate is either a list of Defects that the Supervisor has notified before the defects date which the Contractor has not corrected or, if there are no such Defects, a statement that there are none. (7) Equipment is items provided by the Contractor and used by him to Provide the Works and which the Works Information does not require him to include in the works. (8) The Fee is the sum of the amounts calculated by applying the subcon- tracted fee percentage to the Defined Cost of subcontracted work and the direct fee percentage to the Defined Cost of other work. www.neccontract.com © copyright nec 2005 3=" N1EC 3 engineering and Construction Contract main option clauses secondary option clauses cost ‘components contract data Interpretation and the law 12 424 42.2 12.3 12.4 (9) A Key Date is the date by which work is to meet the Condition stated. The Key Date is the key date stated in the Contract Data and the Condition is the condition stated in the Contract Data unless later changed in accordance with this contract, (10) Others are people or organisations who are not the Employer, the Project Manager, the Supervisor, the Adjudicator, the Contractor or any employee, Subcontractor or supplier of the Contractor. (44) The Parties are the Employer and the Contractor. (12) Plant and Materials are items intended to be included in the works, (13) To Provide the Works means to do the work necessary to complete the works in accordance with this contract and all incidental work, services and actions which this contract requires. (14) The Risk Register is a register of the risks which are listed in the Contract Data and the risks which the Project Manager ot the Contractor has notified as an early warning matter. It includes a description of the risk and a description of the actions which are to be taken to avold or reduce the risk. (15) The Site is the area within the boundaries of the site and the volumes above and below it which are affected by work included in this contract. (16) Site Information is information which * describes the Site and its surroundings and * is in the documents which the Contract Data states it is in. (47) A Subcontractor is a person or organisation who has a contract with the Contractor to * construct or install part of the works, * provide a service necessary to Provide the Works or * Supply Plant and Materials which the person or organisation has wholly or partly designed specifically for the works. {18) The Working Areas are those parts of the working areas which ere ‘* necessary for Providing the Works and * used only for work in this contract unless later changed in accordance with this contract, (1.9) Works information is information which either * specifies and describes the works or + states any constraints on how the Contractor Provides the Works and is either ‘* in the documents which the Contract Data states itis * in an instruction given in accordance with this contract. In this contract, except where the context shows otherwise, words in the Singular also mean in the plural and the other way round and words in the masculine also mean in the feminine and neuter. This contract is governed by the faw of the contract. No change to this contract, unless provided for by the conditions of contract, has effect unless it has been agreed, confirmed in writing and signed by the Parties. This contract is the entire agreement between the Parties. 4 © copyright nec 2008 ‘www.neccontract.comcore Clauses “” NEC 3 ‘Communications The Project Manager and the Supervisor Adding to the Working ‘Areas, Early warning www.neecontract.com 43 13.4. 13.2 133 13.4 13.5 13.6 13.7 13.8 14 14.4 14.2 14.3 14.4 45 45.1 16 16.1. Each instruction, certificate, submission, proposal, record, acceptance, notification, reply and other communication which this contract requires Is ‘communicated in a form which can be read, copied and recorded. Writing is in the language of this contract. ‘A. communication has effect when itis received at the last address notified by the recipient for receiving communications or, if none is notified, at the address of the recipient stated in the Contract Date, If this contract requires the Project Manager, the Supervisor or the Contractor to reply to @ communication, unless otherwise stated in this contract, he replies within the period for reply. The Project Manager replies to a communication submitted or resubmitted to him by the Contractor for acceptance. If his reply is not acceptance, the Project Manager states his reasons and the Contractor resubmits the commu- nication within the period for reply taking account of these reasons. A reason for withholding acceptance is that more information is needed in order to assess the Contractor's submission fully. ‘The Project Manager may extend the period for reply to a communication if the Project Manager and the Contractor agree to the extension before the reply Is due. The Project Manager notifies the Contractor of the extension which has been agreed. The Project Manager issues his certificates to the Employer and the Contrac- tor. The Supervisor issues his certificates to the Project Manager and the Contractor. ‘A notification which this contract requires is communicated separately from ‘other communications. ‘The Project Manager may withhold acceptance of a submission by the Contractor. Withholding acceptance for a reason stated in this contract is not a compensation event. The Project Menager's or the Supervisor's acceptance of a communication from the Contractor or of his work does not change the Contractor's responsi- bility to Provide the Works or his liability for his design. The Project Manager and the Supervisor, after notifying the Contractor, may delegate any of their actions and may cancel any delegation. A reference to an action of the Project Manager or the Supervisor In this contract includes an action by his delegate. The Project Manager may give an instruction to the Contractor which changes the Works Information or @ Key Date. ‘The Employer may replace the Project Manager or the Supervisor after he has Notified the Contractor of the name of the replacement. ‘The Contractor may submit a proposal for adding an area to the Working Areas to the Project Manager for acceptance. A reason for not accepting is that the proposed area is either not necessary for Providing the Works or used for work not in this contract. ‘The Contractor and the Project Manager give an early warning by notifying the other as soon as either becomes aware of any matter which could increase the total of the Prices, delay Completion, delay meeting a Key Date or impair the performance of the works in use. ‘© copyrightnec 20055 core cee main ‘option clauses. ‘secondary option clauses ‘cost ymponents iz ‘contract data