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NEC4 Engineering & Construction Contract
This week I had some challenges on my contracts under the NEC4 ECC. Not deal breakers but a few strings to untangle. We had a discussion about delegation of authority and how to practically do this to ensure contract continuity, transparency, and compliance. The questions/ discussion we had were: Clause 14.2 states - "The Project Manager and the Supervisor, after notifying the Contractor, may delegate any of their actions and may cancel any delegation. The notification contains the name of the delegate and details of the actions being delegated or any cancellation of delegation........" - Only the name of the delegate has to be provided...no question of qualification - The details of the actions to be delegated should be provided but it doesn't explain how much detail - There is no "advanced warning" of the delegation - There is no time limit on the delegation To practically administer this on NEC, the following steps provide a framework: - Have someone delegated from the beginning of the contract, for instances of leave or illness - Delegate all actions (so the point above is covered), unless the delegate is not of sufficient experience to manage all actions - Make the delegated permanent (no time limit) - If anyone changes (PM or the delegate), keep on to of the delegations so you are always compliant. How have you manage delegation on your projects?
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