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Nature release Guide to the Engineering and Construction Contract (Second edition) London: The Stationery Office lmiEstates An Executive Agency of the Department of Health O Crown copyright 1997. Published for NHS Estates, an Executive Agency of the Department of Health, under licence from the Controller of Her Majesty's Stationery Office. Applications for reproduction should be made in writing to The Copyright Unit, Her Majesty's Stationery Office, St Clements House, 2-16 Colegate, dorwich NR3 1BQ. ISBN 0-1 1-322065-0 I First published 1997 saving on the need and the costs of placing individual orders. Standing order service Are you making full use of The Stationery Office's Standing Order Service? The Standing Order Service is a free monitoring of the publications of your choice from over 4000 classifications in 30 major subject areas. We send you your books as they are published, along with an invoice. With a standing order for class 14.02.021 you can be supplied automatically with further titles in this series as they are published. The benefits to you are: automatic supply of your choice of classification on publication; no need for time-consuming and costly research, telephone calls and scanning of daily publication lists; We can supply a wide range of publications on standing order, from individual annual publications to all publications on a selected subject. If you do not already use this free service, or think you are not using it to its full capacity, why not contact us and discuss your requirements? You can contact us at: The Stationery Office Standing Order Department PO Box 276 London SW8 5DT Tel: 0171-873 8466; fax 0171-873 8222 We look forward to hearing from you. Printed in the Unlted Kingdom for The Stationery Office. J0025663 C6 9/97 9385 6909 About this publication This publication provides guidance on the Engineering and Construction Contract (Second Edition). It provides advice on the amendments necessary to • the contract to comply with Government and Departmental policy, as well as good professional practice in respect of use by NHS bodies (NHS Trusts and Authorities, Family Health Service Authorities (FHSAs) and any other centrally-funded bodies). This guide is one of the series of documents that forms part of the current version of Concode and SCOTCONCODE. Contents 1.0 1 .I 1.7 1.1 1 The Engineering and Construction Contract: Second edition page 3 lntroduction The contract Guidance notes Government and Department of Health policy requirements page 5 lntroduction Project director Project manager Co-ordinated project information Use of the Engineering and Construction Contract in the NHS Delay damages (liquidated and ascertained damages) Sub-contractors Suppliers Building Components HTMs Insurance Finance (no 2) Act 1975 - Statutory Tax Deduction Scheme The Engineering and Construction Contract, Second Edition (November 1995): core clauses page 9 lntroduction Form of agreement General 3.14 Actions 10 3.15 Identified and defined terms 1 1 3.17 Interpretation and the law 12 3.18 Communications 13 3.20 The project manager and the supervisor 14 3.28 Early warning 16 The contractor's main responsibilities 3.31 The contractor's design 21 3.33 Using the contractor's design 22 3.34 Design of equipment 23 3.35 Co-operation 25 3.37 Subcontracting 26 Time 3.41 Starting and completion 30 3.42 Possession dates (including Possession of the site 33 3.46 The programme 31 3.48 Revising the programme 32 3.50 Acceleration 36 Testing and defects 3.53 Tests and inspections 40 3.54 Testing and inspection before delivery 41 3.55 Correcting defects 43 3.58 Accepting defects 44 3.61 Uncorrected defects 45 3.63 Payment 3.63 Generally 3.66 Payme