NEC4 Engineering and

Construction Subcontract A
Subcontract Data
TRUST DEED
This agreement is made between the Client, the Contractor and the Named Suppliers.

Terms in this deed have the meanings given to them in the contract between . . . . . . . . . . . . and . . . . . . .
. . . . for . . . . . . . . . . . . . (the works).

Background

The Client and the Contractor have entered into a contract for the works.

The Named Suppliers have entered into contracts with the Contractor or a Subcontractor in connection
with the works.

The Contractor has established a Project Bank Account to make provision for payment to the
Contractor and the Named Suppliers.

Agreement

The parties to this deed agree that

• sums due to the Contractor and Named Suppliers and set out in the Authorisation are held in
trust in the Project Bank Account by the Contractor for distribution to the Contractor and Named
Suppliers in accordance with the banking arrangements applicable to the Project Bank Account,

• further Named Suppliers may be added as parties to this deed with the agreement of the Client
and Contractor. The agreement of the Client and Contractor is treated as agreement by the Named
Suppliers who are parties to this deed,

• this deed is subject to the law of the contract for the works,

• the benefits under this deed may not be assigned.

Executed as a deed on . . . . . . . . . . . . . . . . . . . by

. . . . . . . . . . . . . . . . . . . . . . . (Client)

. . . . . . . . . . . . . . . . . . . . . . . (Contractor)

.......................

.......................

.......................

. . . . . . . . . . . . . . . . . . . . . . . (Named

Suppliers)
JOINING DEED
This agreement is made between the Client, the Contractor and . . . . . . . . . (the Additional
Supplier).

Terms in this deed have the meanings given to them in the contract between . . . . . . . . . . . . and
. . . . . . . . . . . . . . for . . . . . . . . . . . . . . (the works).

Background

The Client and the Contractor have entered into a contract for the works.

The Named Suppliers have entered into contracts with the Contractor or a Subcontractor in
connection with the works.

The Contractor has established a Project Bank Account to make provision for payment to the
Contractor and the Named Suppliers.

The Client, the Contractor and the Named Suppliers have entered into a deed as set out in
Annex 1 (the Trust Deed), and have agreed that the Additional Supplier may join that deed.

Agreement

The parties to this deed agree that

• the Additional Supplier becomes a party to the Trust Deed from the date set out below,

• this deed is subject to the law of the contract for the works,

• the benefits under this deed may not be assigned.

Executed as a deed on . . . . . . . . . . . . . . . . . . . by

. . . . . . . . . . . . . . . . . . . . . . . (Client)

. . . . . . . . . . . . . . . . . . . . . . . (Contractor)

. . . . . . . . . . . . . . . . . . . . . . . (Additional Supplier)
 Subcontract Data
PART ONE – DATA PROVIDED BY THE CONTRACTOR
Completion of the data in full, according to the Options chosen, is essential to create a
complete contract.

1 General
The conditions of subcontract are the core clauses and the clauses for the following main
Option, the Option for resolving and avoiding disputes and secondary Options of the
NEC4 Engineering and Construction Subcontract June 2017

Main Option Option for resolving and avoiding disputes

Secondary Options

The works in the

main contract are

The subcontract
works are

The Contractor is

Name

Address for communications

Address for electronic communications

The Client in the main contract is

Name

Address for communications

Address for electronic communications

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 The Project Manager in the main contract is

Name

Address for communications

Address for electronic communications

The Supervisor in the main contract is

Name

Address for communications

Address for electronic communications

The Subcontract Scope is in

The Site Information is in

The boundaries of the site are

The language of the subcontract is

The law of the subcontract is the law of

The period for reply by the Contractor is except that

• The period for reply for is

• The period for reply for is

The period for reply by the Subcontractor except that

is

• The period for reply for is

• The period for reply for is

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 The following matters will be included in the Early Warning Register

Early warning meetings are to be held at intervals no longer

than

2 The Subcontractor’s main responsibilities

If the Contractor has The key dates and conditions to be met are
identified work which is
set to meet a stated
condition by a key date
condition to be met key date
(1)

(2)

(3)

If Option C, D or E is used The Subcontractor prepares forecasts of the total Defined

Cost for the subcontract works at intervals no longer than

3 Time

The subcontract starting date is

The subcontract access dates are

part of the Site date

(1)

(2)

(3)

The Subcontractor submits revised programmes at intervals no

no longer than

If the Contractor has decided The subcontract completion date for the whole of the
the subcontract completion subcontract works is
date for the whole of the
subcontract works

Taking over the subcontract The Contractor is / is not willing to take over the subcontract
works before the Subcontract works before the Subcontract Completion Date.
Completion Date (Delete as applicable)

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If no programme is identified The period after the Subcontract Date within which the
in part two of the Subcontract subcontractor is to submit a first programme for
Data acceptance is

4 Quality management
The period after the Subcontract Date within which the
Subcontractor is to submit a quality policy statement and
quality plan is

The period between Completion of the whole of the

subcontract works and the defects date is

The defect correction period is except that

• The defect correction period for is

• The defect correction period for is

5 Payment

The currency of the subcontract is the

The assessment interval is

The interest rate is % per annum (not less than 2) above the

rate of the bank

If the period in which The period within which payments are made is
payments are made is not
four weeks and Y(UK)2 is
not used

If Option C or D is used The Subcontractor’s share percentages and the share ranges are

share range Subcontractor’s share

percentage
less than % %

from % to % %

from % to % %

greater than % %

If Option C,D or E is used The exchange rates are those published in

on (date)

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6 Compensation events

The place where weather is to be recorded is

The weather measurements to be recorded for each calendar month are

• the cumulative rainfall (mm)

• the number of days with rainfall more than 5 mm

• the number of days with minimum air temperature less than 0 degrees Celsius

• the number of days with snow lying at hours GMT

and these measurements:

The weather measurements are supplied by

The weather data are the records of past weather measurements for each calendar month

which were recorded at

and which are available from

Where no recorded data are Assumed values for the ten year weather return weather data for each weather
available measurement for each calendar month are

If Option A or B is used The value engineering percentage is 50%, unless another percentage %
is stated here, in which case it is

If Option B or D is used The method of measurement is

If there are additional These are additional compensation events

compensation events

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 8 Liabilities and insurance
If there are additional These are additional Client’s liabilities
Client’s liabilities
(1)

(2)

(3)

If there are additional These are additional Contractor’s liabilities

Contractor’s liabilities
(1)

(2)

(3)

The minimum amount of cover for insurance against loss of or damage to property
(except the subcontract works, Plant and Materials and Equipment) and liability for
bodily injury to or death of a person (not an employee of the Subcontractor) arising from
or in connection with the Subcontractor Providing the Subcontract Works for any one
event is

The minimum amount of cover for insurance against death and of or bodily injury to
employees of the Subcontractor arising out of and in the course of their employment in
connection with the subccontract for any one event is

If the Client or Contractor is to The insurance against loss of or damage to the subcontract works, Plant and Materials is to include
provide Plant and Materials cover for Plant and Materials provided by the Client or Contractor for an amount of

If the Client or Contractor is The Client or Contractor provides these insurances from the Insurance Table
to provide any of the
insurances stated in the
Insurance Table (1) Insurance against

Minimum amount of cover is

The deductibles are

(2) Insurance against

Minimum amount of cover is

The deductibles are

(3) Insurance against

Minimum amount of cover is

The deductibles are

If additional insurances are The Client or Contractor provides these additional insurances
to be provided
(1) Insurance against

Minimum amount of cover is

The deductibles are

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 (2) Insurance against

Minimum amount of cover is

The deductibles are

(3) Insurance against

Minimum amount of cover is

The deductibles are

The Subcontractor provides these additional insurances

(1) Insurance against

Minimum amount of cover is

The deductibles are

(2) Insurance against

Minimum amount of cover is

The deductibles are

(3) Insurance against

Minimum amount of cover is

The deductibles are

Resolving and avoiding disputes

The tribunal is

If the tribunal is arbitration The arbitration procedure is

The place where arbitration

is to be held is

The person or organisation who will choose an arbitrator if the Parties cannot agree a
choice or if the arbitration procedure does not state who selects an arbitrator is

The Senior Representatives of the Contractor are

Name (1)

Address for communications

Address for electronic communications

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 Name (2)

Address for communications

Address for electronic communications

The Adjudicator in the subcontract is

Name

Address for communications

Address for electronic communications

The main contract Adjudicator is

Name

Address for communications

Address for electronic communications

The Adjudicator nominating body is

X1: Price adjustment for inflation (used only with Options A, B, C and D)
If Option X1 is used The proportions used to calculate the Price Adjustment Factor are

0. linked to the index for

0.

0.

0.

0.

0.

0. non-adjustable

1.00

The base date for indices is

These indices are

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 X3: Multiple currencies (used only with Options A and B)
If Option X3 is used The Contractor will pay for the items or activities listed below in the currencies stated

items and activities other currency total maximum

payment in the currency

The exchange rates are those published in

on (date)

X5: Sectional Completion

If Option X5 is used The subcontract completion date for each section of the subcontract works is

section description subcontract completion date

(1)

(2)

(3)

(4)

X6: Bonus for early Completion

If Option X6 is used without The bonus for the whole of the subcontract works is per day
Option X5

If Option X6 is used with The bonus for each section of the subcontract works is
Option X5
section description amount per day

(1)

(2)

(3)

(4)

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 The bonus for the remainder of the subontract works is

X7: Delay damages

If Option X7 is used without Delay damages for Completion of the whole of the subcontract per day
Option X5 works are

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 If Option X7 is used with Delay damages for each section of the subcontract works are
Option X5
section description amount per day

(1)

(2)

(3)

(4)

The delay damages for the remainder of the subcontract

works are

X8: Undertakings to the Client or Others

If Option X8 is used The undertakings to Others are
provided to

The undertaking to the Client are

subcontract works

X10: Information modelling

If Option X10 is used

If no information execution The period after the Subcontract Date within which the Subcontractor is to submit a first
plan is identified in part two Information Execution Plan for acceptance is
of the Subcontract Data

The minimum amount of insurance cover for claims made against the Subcontractor
arising out of its failure to use the skill and care normally
used by professionals providing information similar to
the Project Information is, in respect of each claim

The period following Completion of the whole of the subcontract works or earlier
termination for which the Subcontractor maintains
insurance for claims made against it arising out of its
failure to use the skill and care is

X12: Multiparty collaboration (not used with Option X20)

If Option X12 is used The Promoter is

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 The Schedule of Partners is in

The Promoter’s objective is

The Partnering Information is in

X13: Performance bond

If Option X13 is used The amount of the performance bond is

X14: Advanced payment to the Subcontractor

If Option X14 is used The amount of the advanced payment is

The period after the Subcontract Date from which the Subcontractor repays the
instalments in assessments is

The instalments are

(either an amount or a percentage of the payment otherwise due)

Advanced payment bond An advanced payment bond is / is not reqired. (Delete as applicable)

X15: The Subcontractor’s design

If Option X15 is used The period for retention following Completion of the whole of the subcontract works or
earlier termination is

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 The minimum amount of insurance cover for claims made against the Subcontractor
arising out of its failure to use the skill and care normally used by professionals
designing works similar to the subcontractor works is, in respect of each claim

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 The period following Completion of the whole of the subcontract works or earlier
termination for which the Subcontractor maintains insurance for claims made against it
arising out of its failure to use the skill and care is

X16: Retention

If Option X16 is used The retention free amount is

The retention percentage is %

Retention bond The Subcontractor may / may not give the Contractor a retention bond. (Delete as applicable)

X17: Low performance damages

If Option X17 is used The amounts for low performance damages are

amount performance level

for

for

for

for

X18: Limitation of liability

If Option X18 is used The Subcontractor’s liability to the Contractor for indirect
or consequential loss is limited to

For any one event, the Subcontractor’s liability to the

Contractor for loss of or damage to the Client’s or
Contractor’s property is limited to

The Subcontractor’s liability for Defects due to its design

which are not listed on the Defects Certificate is limited to

The Subcontractor’s total liability to the Contractor for all

matters arising under or in connection with the
subcontract, other than excluded matters, is limited to

The end of liability date is years after the Completion of the whole of the
subcontract works

X20: Key Performance Indicators (not used with Option X12)

If Option X20 is used The incentive schedule for Key Performance Indicators is in

A report of performance against each Key Performance

Indicator is provided at intervals of months

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 Y(UK)2: The Housing Grants, Construction and Regeneration Act 1996

If Option Y(UK)2 is used and The period for payment is days after the date on which payment becomes
the final date for payment is due
not fourteen days after the
date on which payment
becomes due

Y(UK)3: The Contracts (Rights of Third Parties) Act 1999

If Option Y(UK)3 is used term beneficiary

If Y(UK)3 is used with term beneficiary

Y(UK)1 the following entry
is added to the table for
The provisions of Options
Y(UK)3
Y(UK)1

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Named Suppliers

Z: Additional conditions of contract

If Option Z is used The additional conditions of contract are

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 PART TWO – DATA PROVIDED BY THE SUBCONTRACTOR
Completion of the data in full, according to the Options chosen, is essential to create a
complete subcontract.

1 General
The Subcontractor is

Name

Address for communications

Address for electronic communications

The fee percentage is %

The subcontract working areas are

The key persons are

Name (1)

Job

Responsibilities

Qualifications

Experience

Name (2)

Job

Responsibilities

Qualifications

Experience

The following matters will be included in the Early Warning Register

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 2 The Subcontractor’s main responsibilities

If the Subcontractor is to The Subcontract Scope provided by the Subcontractor

provide Subcontract Scope for its design is in
for its design

3 Time

If a programme is to be The programme identified in the Subcontract Data is

identified in the Subcontract
Data

If the Subcontractor is to The subcontract completion date for the whole of the
decide the completion date subcontract works is
for the whole of the
subcontract works

5 Payment

If Option A or C is used The activity schedule is

If Option B or D is used The bill of quantities is

If Option A, B, C or D is used The tendered total of the Prices is

Resolving and avoiding disputes

The Senior Representatives of the Subcontractor are

Name (1)

Address for communications

Address for electronic communications

Name (2)

Address for communications

Address for electronic communications

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 X10: Information modelling
If Option X10 is used

If an information execution The information execution plan identified in the Subcontract

plan is to be identified in the Data is
Subcontract Data

Y(UK)1: Project Bank Account

If Option Y(UK)1 is used named suppliers are

Data for the Schedule of Cost Components (used only with Options C, D or E)
The listed items of Equipment purchased for work on the contract, with an on cost charge,
are

Equipment time-related on cost charge per time period

The rates for special Equipment are

Equipment rate

The rates for Defined Cost of manufacture and fabrication outside the Workings Areas by
the Subcontactor are

category of person rate

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 The rates for Defined Cost of design outside the Workings Areas are

category of person rate

The categories of design people whose travelling expenses to and from the Working Areas
are included as a cost of design of the works and Equipment done outside the Working
Areas are

Data for the Short Schedule of Cost Components (used only with Options A or B)
The people rates are

category of person unit rate

The published list of Equipment is the edition current at the

Subcontact Date of the list published by

The percentage for adjustment for Equipment in the published

list is % (state plus or minus)

The rates for other Equipment are

Equipment rate

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Engineering and Construction Subcontract | 92
 The rates for Defined Cost of manufacture and fabrication outside the Workings Areas by the
Subcontactor are

category of person rate

The rates for Defined Cost of design outside the Workings Areas are

category of person rate

The categories of design people whose traveling expenses to and from the Working Areas are
included in Defined Cost are

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