Practise the contract mechanisms
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ClauseReady
Practise NEC3 and NEC4 ECC with questions about contract procedures and project situations. Read an explanation after each answer and review topics you need to study further.
Try the six free questions below, or download the app for free Quick 10 practice on iPhone and Android.
Use Quick 10 for a short session, or explore Practical Scenarios and untimed Knowledge Tests with full access.
Read the explanation after each answer and revisit the relevant subject in the reference material.
Return to questions answered incorrectly and identify areas that need more attention. Practice scores do not predict assessment results.
Try ClauseReady
Choose NEC3 or NEC4 and answer three sample questions. Read the explanation after each answer. These website samples are free to use on a phone or computer, with no account or download.
These examples use NEC3 and NEC4 Engineering and Construction Contracts (ECC). They are for practice; the contract used on your project may contain amendments.
NEC3 ECC · Example 1 of 3
A Contractor's procurement manager learns that a specialist switchgear supplier has moved from a 14-week to a 32-week lead time. The installation is not programmed for another seven months and there may be an alternative supplier.
Best answer: Give early warning now, because the matter could delay Completion or increase the total of the Prices
The Contractor and Project Manager need to warn promptly when they become aware of a relevant threat to cost, time or the performance of the finished works. Certainty is not the trigger. With seven months before delivery, the team still has time to investigate alternatives and protect the programme.
Learning point: Early warning is triggered by a matter that could have an effect, not one that already has.
NEC3 ECC · Example 2 of 3
Best answer: When instructed, when the Contractor chooses, and at the stated interval
There are three separate triggers for submitting a revised programme. The interval stated in the Contract Data is the one most often overlooked, because it runs whether or not the Project Manager requests a submission. A Contractor which has not kept to that interval is in a weaker position when the effect of a compensation event on the programme falls to be assessed.
Learning point: The duty to submit revised programmes at the stated interval runs whether or not anyone asks for one.
NEC3 ECC · Example 3 of 3
The Contractor's own site engineer finds a Defect in completed drainage that the Supervisor has not noticed.
Best answer: The Contractor notifies the Supervisor and corrects it in time
The Contractor and Supervisor each notify Defects they find until the defects date. The correction duty does not depend on the Supervisor discovering the problem. The correction deadline depends on notification, Completion and, for taken-over works needing access, the access provision.
Learning point: The Contractor must notify its own Defects, not wait for the Supervisor to find them.
NEC4 ECC · Example 1 of 3
On an NEC4 contract the Contractor learns that a planned road closure may not be granted in time. It is not yet certain that anything will be delayed.
Best answer: Give early warning now, because the matter could affect time or cost
A credible threat to cost, contractual time milestones or the performance of the finished works is enough to require early action. Neither the Contractor nor the Project Manager should wait for damage to become certain. Early warning gives the team a chance to reduce the effect; any compensation-event entitlement still needs its own analysis.
Learning point: Early warning is about what could happen. Certainty is not the threshold.
NEC4 ECC · Example 2 of 3
Best answer: Because it is the baseline against which delay is assessed
An Accepted Programme supports assessment of the effect on planned Completion. Without the relevant programme, the Project Manager uses the assessment provisions, including its own programme where required. The core first-programme payment retention concerns submission of the required information, not acceptance of every revision.
Learning point: The Accepted Programme is the baseline for assessing delay. Not having one weakens the Contractor.
NEC4 ECC · Example 3 of 3
The Contractor designed the steelwork. The constructed work meets the Scope but departs from the design accepted by the Project Manager.
Best answer: Yes. Contractor-designed work must also satisfy its accepted design and applicable law.
Scope compliance does not end the enquiry for Contractor-designed work. Compare it with the accepted design and applicable law as well. Acceptance by the Project Manager does not relieve the Contractor of its design responsibility.
Learning point: Use all relevant limbs of the Defect definition.
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Use it for learning and revision alongside your own authorised contract documents. It is not legal advice or a replacement for the contract, project-specific advice or formal training.
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