NEC4: Preparing and managing contracts TSC introduction
Overview
Duration
2 days of 6 learning hours. Duration for e-learning (if used) to be at least 50% of this.
Purpose/scope
The purpose of this standard is to provide the delegate with the knowledge to support the preparation and management of NEC4 Term Service Contracts (TSC). It is aimed at both the Contractor (those tendering and delivering the contract), and the Consultant/Client (those preparing and managing the contract).
Scope:
- the underlying principles for the development of the NEC suite of contracts
- overview of the TSC core clauses and their significance in contract management
- the reasons for the selection of the main (A,C,E,W) and secondary option clauses (X,Y), and their implications on contract pricing
- typical z-clauses and resulting changes to the risk profile
- the requirements stated in Contract Data Part One
- the requirements of the Scope and the ability to assess the gaps in the Scope included in the tender documentation
- the importance of Affected Property
- the significance of the elements of the Contract Data Part Two and how to complete them at tender stage
- the allocation of liabilities between Parties
- the roles and responsibilities of the Service Manager and Contractor
- application of the NEC contract management processes for:
- contract communications
- early warnings
- appointment of Subcontractors
- programme
- quality management, defect management
- payment
- compensation events – notification and quotations
- insurances
- termination
- dispute resolution.
Occupational relevance
Training delivered against this standard would be relevant to the following occupational groups:
- supervision
- management and leadership.
Delegates pre-requisites
There are no delegate pre-requisites as part of this standard, however a basic knowledge of contract management terminology and processes in the construction sector would be beneficial.
Instruction/supervision
As a minimum, course trainers must be able to demonstrate that, in relation to this standard, they have:
- an award in education and training (such as City & Guilds level 3 or equivalent)
- NEC accreditation (or equivalent) as TSC Service Manager
- at least 10 years relevant construction sector experience
- a verifiable CV.
Delivery
The delivery consists of eight e-learning modules or a one-day classroom course with paper or on-line assessment (assessments to have been passed before attending the workshops). The e-learning is the same for the Contractor and Client/Consultant streams:
- NEC4suite of contracts (approx. 30 mins)
- NEC4TSC core clauses (approx. 1 hour)
- NEC4TSC main and secondary options clauses (approx. 1 hour)
- NEC4TSC roles, responsibilities, and liabilities (approx. 30 mins)
- NEC4TSC contract data part one (approx. 30 mins)
- NEC4TSC scope & affected property (approx. 1 hour)
- NEC4TSC contract data part two (approx. 30 mins)
- NEC4TSC contract management processes (approx. 1 hour)
Two 1.5 hour workshops (on-line or classroom) which can be done individually:
Workshops 1T TSC Contractor
- Pre-contract – preparing tender submissions
- Post Contract – managing risk
- Post Contract – managing time & quality
- Post Contract – managing Change (Contractor)
Workshops 2T TSC Client/Consultant
- Pre-contract – writing the scope
- Pre-contract – preparing tender documents
- Post Contract – managing risk, time & quality
- Post Contract – managing change (Service Manager)
Delegates will require copies (or be provided with pdf versions) of the selected contract and NEC user guides, a course-specific workbook for the e-learning and workshops, and in addition, case study examples for the workshops.
All materials and equipment must be of a suitable quality and quantity for delegates to achieve learning outcomes and must comply with relevant legislation.
The class size and delegate/trainer ratio must allow training to be delivered in a safe manner and enable delegates to achieve the learning outcomes. In classroom delivery, workshops will be limited to 16 participants. In on-line delivery an on-line platform with breakout room facilities shall be used.
The following delivery methods may be used in the delivery of this standard:
- classroom
- remote
- a blend of e-learning and classroom
- a blend of e-learning and remote learning.
This standard is considered to contain 51% or more theoretical learning.
This standard is considered to be set at a basic level.
Assessment
For the successful completion of training, delegates must complete an end of unit practical knowledge test that measures all learning outcomes and has a pass or fail criteria. There are 8 e-learning units and 4 workshops. Assessments of at least 4 questions per unit/workshop shall be used. They can be combined into two assessments – one for each of the two 6-hour learning units.
For the e-learning a minimum of 30 questions shall be asked. For the workshops a minimum of 20 questions shall be asked.
Delegates are required to achieve an overall pass mark of at least 80% in both sections.
Quality assurance
Assured
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
There are no mandatory renewal or recommended refresher requirements for this standard.
Classification
Lifetime.
Approval date
June 2021.
Review cycle
On request or 3 years from approval date.
Learning outcomes
The delegate will be able to: |
Additional guidance to support learning outcome |
---|---|
list the various NEC contracts and explain what they can be used for |
to include: NEC4 contract descriptions |
list the nine sections of the core clauses and identify the clauses in each section that inform the contract management processes |
to include: NEC4 Term Service Contract |
explain the meaning of the option clauses A-F, X,Y,Z and their impact on tendering |
to include: NEC4 Term Service Contract |
identify the information that should be included in the Contract Data Part One, the Scope and the Site Information |
to include: templates for NEC4 Term Service Contract/Preparing NEC4 TS Contracts user guide |
explain which elements of Contract Data Part Two have to be completed at tender stage and the implications of each |
to include: templates for NEC4 Term Service Contract/Preparing NEC4 TS Contracts user guide |
describe the contractual allocation of liabilities between the Parties |
to include: NEC4 Term Service Contract |
explain the responsibilities of the Contractor and contrast them with the responsibilities of the Service Manager |
to include: NEC4 Term Service Contract |
list the different communications forms used in TSC contracts |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
use the early warning process for the benefit of the Parties, and to meet the obligations on the Contractor |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
understand the appointment and payment of Subcontractors including for compensation events |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
prepare compliant clause 31.2 programmes and update them throughout a contract. |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
implement a quality management system, in accordance with the contract requirements |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
manage a defect notification and resolution system |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
submit and process payment applications |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
explain the different types of compensation events and the processes for notification, quotation, assessment and implementation |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
list the contractual insurance requirements |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
explain the contract termination processes from the Contractor / Client perspective |
to include: NEC4 TS Contract/Managing NEC4 TS contracts – user guides |
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