An Overview of NEC4 ECS X Clauses (Part 1)

We have now looked at the core clauses, main Options, Dispute Resolution and payment provisions of the NEC4 Engineering and Construction Subcontract.  This leads us on to the final part of the unamended form – the X clauses.

The X clauses are part of the secondary Options.  They are a list of (in the case of the ECS form) 20 pre-drafted clauses that do not automatically apply, but are available to the Parties if they choose to select them.  They cover a number of different areas from limitations on liability to changes in law, with some being more popular than others and a few only applying to certain of the main Options.

The next two courses will provide a whistlestop tour through the 20 X clauses.

After completing this course, you should:

1. Understand how the NEC4 deals with inflation and fluctuations
2. Know how to set the NEC4 ECS up for sectional completion
3. Be able to use delay damages
4. Understand the options related to using BIM modelling