We are a client planning to refurbish an existing asset and ideally, we are also looking to build a new workshop on the same site at the same time as the refurbishment is being done. The refurbishment will be procured using a traditional (build only) contract and we are being advised to use a design and build contract for the vehicle workshop. My question is, can a single NEC contract cater for two different procurement strategies at the same time, namely traditional and design and build?
In an NEC4 Engineering and Construction Contract (ECC) the client can choose what elements of design if any to allocate to the contractor. This is addressed is clause 21.1, which says ‘the Contractor designs the parts of the works which the Scope states the Contractor is to design’.
Accordingly, you could allocate responsibility for the design of the vehicle workshop to the contractor and leave the design of all other elements of the works to you.