NEC timescales and failure to comply


Overview
The purpose of this standard is to provide learners with an opportunity to increase their understanding of administration of timescales and failure to comply rules within a NEC Engineering and Construction Subcontract.

Duration

Minimum half day of 3 learning hours

Purpose/scope

The purpose of this standard is to provide learners with an opportunity to increase their understanding of administration of timescales and failure to comply rules within a NEC Engineering and Construction Subcontract.

The scope of this standard covers:

  • the law concerning condition precedent clauses
  • early warning notice
  • s
  • compensation events
  • programmes
  • delays
  • correction of defects
  • procedures for dispute resolution
  • key differences in administration of timescales and failure to comply rules between the different types and versions of NEC Engineering and Construction Contracts

Occupational relevance

Training delivered against this standard would be relevant to the following occupational group(s):

  • subcontract developers and contract administrators
  • commercial managers, quantity surveyors, management and leadership

Candidate pre-requisites

There are no candidate pre-requisites as part of this standard. However an understanding of NEC Engineering and Construction Contract terminology and procedures would be beneficial and it is advised that the NEC contract introduction course is taken in advance.

Instruction/supervision

As a minimum, course instructors must be able to demonstrate that, in relation to this standard, they have:

  • a train the trainer or instructional techniques course certificate
  • successfully completed training to this standard 
  • at least 2 years relevant industrial experience
  • a verifiable CV.

Delivery

Delivery may be in an on or off the job environment.

All materials and equipment must be of a suitable quality and quantity for candidates to achieve learning outcomes, and must comply with relevant legislation.

The class size and candidate/instructor ratio must allow training to be delivered in a safe manner and enable candidates to achieve the learning outcomes.

The following delivery methods may be used in the delivery of this standard:

  • classroom
  • a blend of classroom and e-learning

This standard is considered to contain 51% or more theoretical learning.

This standard is considered to be set at an intermediate level.

Assessment

For the successful completion of training, candidates must complete an end of course practical assessment or knowledge test that measures the learning outcomes and has a pass or fail criteria.

Quality assurance

Quality assurance against this standard will require initial approval of the training organisation and their content mapped to the standard. 

CITB will also conduct an approval intervention, either desk-based or centre visit, to ensure the training organisation can meet the requirements of the training standard. 

Approved training organisations (ATOs) will be required to present information on records of training and assessment upon request to CITB for desk-based analysis. They will also be visited annually by the CITB quality assurance team.

Renewal/refresher

There are no mandatory renewal or recommended refreshment requirements for this standard.

Approval date

To be confirmed

Review cycle

Either on request or in 5 years from approval date.

Learning outcomes

The candidate will be able to: 
Additional guidance to support learning outcome
describe what a condition precedent clause is
  • ‘condition precedent’ clauses effectively mean ‘if you do not comply – you do not get’
describe compensation events and different types and their relevance to timescales and administrative failure to comply

explain the relevance of programmes with regards to  timescales and administrative failure to comply

describe the impact of delays on timescales and administrative failure to comply

explain the correction of defect process 
  • clause 43 any dispute regarding ‘remedy or not’, adjudicate under option W2 in UK. (W1 abroad)
describe the early warning notice process and the potential impacts of not following this.

describe the main differences in the contract rules for timescales and administrative failure to comply between the different types and versions of NEC Engineering and Construction Contracts
  • between primary and short contracts and between NEC versions (3 and 4)
  • terminology changes between NEC 3 and 4