Following last week’s post, we now turn our attention to two more key elements of communication under an NEC4 contract: authority, and service and communication systems. In this post, we’ll explore both in detail.
NEC4 Contracts – Authority
The NEC4 contracts state the party, or named role, who is responsible for either initiating a communication or responding to a communication.
The party, along with any named roles, are identified in Contract (or Subcontract) Data, although the NEC contracts provide for notifying the following changes;
A formal appointment
- Client’s Agent – TSSC and FMSC.
Delegation of actions
- Project Manager – ECC,
- Supervisor – ECC,
- Contractor – ECS, PSS, TSS,
- Client – ECSC, PSSC, TSSC, FMSC,
- Service Manager – PSC, TSC, FMC, DBOC,
- Service Provider – FMS,
- Supply Manager – SC,
- Purchaser – SC.
Replacement
- Project Manager – ECC,
- Supervisor – ECC,
- Service Manager – PSC, TSC, FMC, DBOC,
- Client’s Agent – TSSC, FMSC,
- Supply Manager – SC.
- Senior Representative – ECC, ECS, PSC, PSS, TSC, TSS, FMC, FMS, DBOC,
- Alliance Board representative – ALC.
In addition, if a Partner is providing the Alliance Manager and the Partner’s obligations under the ALC contract are terminated, then the Client appoints a replacement Alliance Manager.
Be aware of any such notifications, to confirm the authority of a person that is either sending a communication under the contract or that you are sending a communication to.
NEC4 Contracts – Service and communication systems
The contract usually states who the recipient of a communication is.
A communication has effect when it is received by the required recipient at either the address stated in Contract (or Subcontract) Data, or a subsequent notification.
A provision introduced in NEC4 ‘long form’ contracts is where the Scope may specify the use of an (online) communication system.
Where this is the case, a communication has effect when it is communicated through the specified system.
To be most effective a communication system should be considered across the supply chain, where appropriate.
Ensure that any specified communication system replicates the procedures and timescales within your particular contract including Scope procedures and ‘z-clause’ amendments.
Consider the delegated authority structure within a specified communication system to ensure ‘governance compliance’ for certain types of communication.
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