What is Not in Contract?
The term ‘Not in Contract’ – often abbreviated in design drawings as N.I.C. – often refers to information on drawings and contracts that is adjacent or applicable to the scope of services but is not included in the architectural, engineering, or interior design contract base contract.
The design team may utilize this annotation in their design drawings when new scope of work abuts or is adjacent to existing assets or existing conditions that will not be affected, modified, or addressed in the Scope of Services provided by the design professionals.
The term ‘Not in Contract’ can also be used in the scope of services detailed narrative and often used with ‘Additional Services‘ being triggered if the owner or client requests the design team to address items or scope originally deemed N.I.C.
Understanding Not in Contract
With respect to the formulation of design projects, it is important for the design team to clearly state what is and what is not included in their base scope of services – both in narrative form and on their design and construction drawings.
Assets or components of a project not included in the base contract shall be deemed ‘Not in Contract’ to avoid confusion of their ‘Limits of Work’ and for other reasons such a:
- To avoid ‘scope creep’ for project estimating exercises causing unnecessary project cost overrun
- When demolition takes place on a project, avoid removing existing assets or components of project that need to remain
- Further signify that an item, building component, etc. is out of the ‘Limits of Work’
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The purpose of a design teams’ construction drawings are to clearly define the limits of their scope of work included in their base contract, in addition to providing a design that is both safe and buildable. Utilizing N.I.C. is a means to help clarify this with the client or owner and the contractors implementing the design in the field.