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The new service contracts are the NEC4 Term Service Contract (TSC), the NEC4 Term Service Short Contract (TSSC), the NEC4 Professional Service Contract (PSC), the NEC4 Professional Service Short Contract (PSSC) and the new NEC4 Dispute Resolution Service Contract (DRSC – based on the NEC3 Adjudicator’s Contract).
Since the service contracts have been changed in the same way as all contracts in the NEC4 family, there are a number of changes in common with those in the works and supply forms. This incudes standardisation of terms, with 'Employer' becoming 'Client' and 'Service Information' becoming 'Scope'.
Other changes in the NEC4 TSC and NEC4 PSC make the total changes arguably more significant. This article looks at the specific changes to the service contracts.
The principal changes specific in the NEC4 TSC compared to the NEC3 version are as follows.
In drafting NEC4 the decision was taken to bring PSC closer to the other contracts and move away from what might be considered a more traditional way of appointing a consultant or other professional. This has resulted in considerable change – indicated by a name change from Professional Services Contract to the Professional Service Contract to show its relationship to the TSC. While many of the changes are those seen in the TSC, there are some areas where it still differs from it.
The principal changes are as follows.
The new TSSC and PSSC reflect the procedures adopted in the new TSC and PSC while still retaining simplicity of management.
The DRSC is the NEC4 version of the NEC3 Adjudicator's Contract (AC), emphasising that it is not restricted just to appointing an adjudicator. It can also be used to appoint a member of the dispute avoidance board in an NEC contract.
A new section to apply to the duties of a dispute avoidance board member has been introduced as an alternative to the adjudication section in the AC. Users of the AC should easily transfer to this new form.