Civil Engineering Reference
In-Depth Information
sub-contract works are small or straightforward and the sub-contractor has no
design responsibility.
11.3 NEC3 Standard Sub-Contracts
The suite of revised NEC3 contracts published in April 2013 contains the following
forms of sub-contract for use where the main contract is the NEC3 Engineering and
Construction Contract (ECC):
•
the
NEC3 Engineering and Construction Subcontract (ECS)
- thisfollowstheformat
of the ECC and so contains Core clauses, Main Option clauses for pricing options
A-E, Schedule of Cost Components and Contract Data;
•
the
NEC3 Engineering and Construction Short Subcontract (ECSS)
-thiscanalso
be used where the main contract is the NEC3 Engineering and Construction Short
Contract (ECSC) and is intended for low risk and straightforward sub-contract
works. As the name suggests, it is a simple form containing sub-contract clauses
and Contract Data.
11.4 Nominated and domestic sub-contractors
Under the JCT and the SBCC standard forms of main contract published prior to
2005, sub-contractors were typically either domestic or nominated. A nominated
sub-contractor would submit his quotation to the architect or quantity surveyor
and in turn be nominated on behalf of the employer if successful. A domestic
sub-contractor is usually invited by the main contractor to tender competitively. The
SBCC published the Sub-Contract DOM/A/Scot in 1997 as the standard form for
domestic sub-contracts in Scotland where the main contract was governed by JCT
98. Nominated sub-contracts have not featured in any of the editions of NEC3 or its
predecessors.
In 2005, the JCT and the SBCC issued a new suite of documents, which swept away
reference to 'nominated sub-contractor' and the disappearance of the term has con-
tinued with the subsequent revisions published in 2011. As a consequence, in some
respects the distinction between the two forms of contract may be of historical interest
only; but certainly not completely, given that the nature of continuing or potential lia-
bilities under existing contracts may depend on whether a sub-contract is nominated
or not. We will therefore consider the distinction, albeit briefly.
Whataretheprincipaldiferencesbetweennominatedanddomesticsub-contracts?
In the first place, an important difference exists between the respective payment pro-
visions. Under clause 35.13.1.1 of JCT 98 the Architect was obliged to identify that
portion of the sum due under any Interim Certificate which related to work carried
out by Nominated Sub-Contractors. Thereafter, the Architect was required to inform
each Nominated Sub-Contractor of the amount of any interim or final payment allo-
cated to their work. Prior to any further certification in favour of the Contractor, the
Contractor was obliged to provide the Architect with reasonable proof of payment
