JCT 2005, ICE 7 AND NEC3

JCT 2005, ICE 7 and NEC3

JCT 2005, ICE 7 and NEC3

Structure of JCT 2005, ICE 7 and NEC3 contracts

This Partnering Addendum can be used with the ICE Conditions of Contract and consultancy and sub-contract agreements produced by the ACE and CECA. With suitably drafted incorporation clauses the Partnering Addendum can be utilised with other forms of contract, including supplier agreements. The single Partnering Addendum is an addendum to each Bi-Party contract. The parties who have this Partnering Addendum included in their contracts are all the parties who are intended to make up the project partnering team. The Partnering Addendum does not create a multi-party contract.

The Partnering Addendum is given legal effect by incorporation in each Bi- Party contract and as such comes into effect at the same time as the Bi-Party contract. This Partnering Addendum is not a free standing contract but an addendum that is common to all Bi-Party contracts between Partners. Parties must recognise that by entering into a contract that includes this Partnering Addendum they will be undertaking additional responsibilities. The Partnering Addendum does not include or create direct remedies between Partners who are not party to the same Bi-Party Contract to recover losses suffered by one Partner caused by a failure of another Partner. Any remedies for such failures are as set out in each Partner's Bi-Party Contract. The existence of the Partnering Addendum and the partnering arrangement will encourage the parties to resolve any differences that arise. The processes inherent in a NEC3 Term Service Contract dictate that contractors invoices must be paid within a strict timescale otherwise compensation is payable. To avoid these additional costs to delegated budget holders the following will apply from 1 July 2010.

All work must be requested through the maintenance helpdesk and have a task number allocated to it. By doing so the delegated budget holder accepts that the invoice for the work will be paid by the Maintenance Section without further authorisation by them. For higher value work or where an estimate of cost is required the delegated budget holder should contact their relevant Maintenance Officer and ask him to arrange for an estimate of cost. If the delegated budget holder chooses not to proceed with the work they may be responsible for any costs incurred by the contractor preparing the estimate. If the work is to proceed, the process described above will apply.

The SELB has commenced a process similar to the above to provide a maximum of three Lead Contractors to deliver a range of Mechanical and Electrical works. It is envisaged that a contract notice will be placed in the Supplement to the Official Journal of the European Union in September with a view to appointing contractors in November. Notwithstanding, to guarantee a standardised approach all work associated with mechanical and electrical contractors will also be managed as described above from 1 July 2010. The JCT's introduction of the 2005 suite of benchmark pattern building agreements is absolutely more than just ...