NEC3 Engineering and Construction Subcontract (ECS3)

NEC3 Engineering and Construction Subcontract (ECS3)
R 657.89
Price with VAT: R 750.00
ECS Code: 
Cover Colour: 


The subcontract is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC3 Engineering and Construction Contract (ECC3).  The contractual obligations and procedures are back to back with the ECC3 but times for performance are different to cater for the main contractor passing assessments and obtaining acceptances within the time periods in his contract with the employer.
The SA National Treasury Standard for Infrastructure Procurement and Delivery Management has, with the exception of the NEC3 Framework Contract (a head contract), endorsed the NEC3 family of contracts for use by organs of state in South Africa to serve their infrastructure needs.

The NEC3 family of contracts support a wide range of procurement strategies which can lead to improved project outcomes and in so doing realise value for money..

Copyright Policy
Users should note that the NEC Forms of Contract are protected by copyright and may not be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical or photocopying, recording or otherwise, without the prior permission of the copyright owner. However, Contract Data forms may be reproduced for the purpose of obtaining tenders, awarding and administering contracts.

Likewise, plagiarising any copyrighted document is illegal. For users seeking to prepare their own bespoke contracts based on the NEC Forms of Contract, please contact NEC at to discuss and obtain a copyright licence.


Schedule of Options
Core clauses
• 1 General
• 2 The Subcontractor’s main responsibilities
• 3 Time
• 4 Testing and Defects
• 5 Payment
• 6 Compensation events
• 7 Title
• 8 Risks and insurance
• 9 Termination
Main Option clauses
• A Priced subcontract with activity schedule
• B Priced subcontract with bill of quantities
• C Target subcontract with activity schedule
• D Target subcontract with bill of quantities
• E Cost reimbursable subcontract
Dispute resolution
• W1 Option W1
• W2 Option W2
Secondary Option clauses
• X1 Price adjustment for inflation
• X2 Changes in the law
• X3 Multiple currencies
• X4 Parent company guarantee
• X5 Sectional Completion
• X6 Bonus for early Completion
• X7 Delay damages
• X12 Partnering
• X13 Performance bond
• X14 Advanced payment to the Subcontractor
• X15 Limitation of the Subcontractor’s liability for his design to reasonable skill and care
• X16 Retention
• X17 Low performance damages
• X18 Limitation of liability
• X20 Key performance indicators
• Y(UK)1: Project Bank Account
• Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996
• Y(UK)3 The Contracts (Rights of Third Parties) Act 1999

• Z Additional conditions of subcontract

Note:  Main Option F and secondary Options X8 to X11 and X19 are not used