Practical Guide to the Nec4 Engineering and Construction Contract

Provides construction industry professionals with a practical and detailed guide to the NEC4 contract
 
The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4.
 
Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the'spirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more.
* A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract
* Provides detailed guidance on the use of the agreement, which is claimed to offer increased flexibility, improved clarity and greater ease of use
* Written specifically for people actually using and administering the NEC contracts
* Features 3 appendixes covering tables of clause numbers, case law and statutes; employer's, project manager's, supervisor's, contractor's and adjudicator's actions; and communication forms and their uses.
 
First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.

List of contents

1 Introduction 1
 
1.1 General 1
 
1.2 Mechanics not law 2
 
1.3 A simple formula for understanding a contract 3
 
1.4 Mandatory or discretionary 4
 
1.5 Conditions precedent 4
 
1.6 Note on use of uppercase in keywords and phrases 5
 
2 Background to the NECECC 7
 
2.1 The background: First edition 7
 
2.2 The second edition 8
 
2.3 The third edition 9
 
2.4 The third edition (reprinted) 9
 
2.5 The fourth edition 9
 
2.6 Endorsement of NEC3 by the Office of Government Commerce 10
 
2.7 Endorsement by the Development Bureau, HKSAR Government 11
 
2.8 General philosophy: Aims and objectives 12
 
2.9 Flexibility 12
 
2.10 Clarity and simplicity 13
 
2.11 Stimulus to good management 14
 
2.12 Other characteristics 15
 
3 The Options: An Overview 17
 
3.1 General arrangement of the ECC 17
 
3.2 Other documents referred to 19
 
3.3 Contract Data 20
 
3.4 The published documents 20
 
3.5 Main Options: General outline 21
 
4 Spirit of Mutual Trust and Cooperation 25
 
4.1 Introduction 25
 
4.2 The clauses 25
 
4.3 What does it mean? 27
 
4.4 Practical issues 28
 
5 The Cast of Characters 33
 
5.1 Introduction 33
 
5.2 The Client 33
 
5.3 The Project Manager 35
 
5.4 The Supervisor 38
 
5.5 The Contractor 38
 
5.6 The Senior Representatives 39
 
5.7 The Adjudicator 40
 
5.8 The Tribunal 41
 
5.9 The Dispute Avoidance Board 41
 
5.10 Subcontractors 42
 
5.11 'Others' 42
 
5.12 Named Suppliers 43
 
5.13 Designers 43
 
5.14 Principal Designer 44
 
5.15 Principal Contractor 45
 
5.16 Practical issues 45
 
6 Communications, Early Warnings and other General Matters 47
 
6.1 Introduction 47
 
6.2 Communications:The clause 47
 
6.3 Communications: Practical issues 49
 
6.4 Early warnings: The clause 51
 
6.5 Early warnings: Practical issues 53
 
6.6 Other matters:The clauses 55
 
6.7 Other matters: Practical issues 59
 
7 The Contractor's Main Responsibilities 61
 
7.1 Introduction 61
 
7.2 Providing theWorks 61
 
7.3 Contractor's design 62
 
7.4 Information modelling 66
 
7.5 Other matters 68
 
7.6 Practical issues 72
 
8 Subcontracting 75
 
8.1 Introduction 75
 
8.2 Definition of a Subcontractor 75
 
8.3 The core clauses 76
 
8.4 Provisions in the Main Options 76
 
8.5 Practical issues 77
 
8.6 Options for forms of subcontract in the NEC4 family 78
 
9 Quality Management 81
 
9.1 Introduction 81
 
9.2 Quality management system 81
 
9.3 Tests and inspections 82
 
9.4 What is a Defect? 84
 
9.5 The Defect procedure 84
 
9.6 The Defects Certificate 86
 
9.7 Uncorrected Defects 87
 
9.8 Practical issues 87
 
10 Title 91
 
10.1 Introduction 91
 
10.2 The core clauses 91
 
10.3 Practical issues 92
 
11 Liabilities and Insurance 95
 
11.1 Introduction 95
 
11.2 The core clauses 95
 
11.3 Secondary options 98
 
11.4 Practical issues 99
 
12 Time 101
 
12.1 Introduction 101
 
12.2 The programme: Contents 102
 
12.3 The programme: Submitting, accepting and revising 107
 
12.4 The programme: Practical issues 110
 
12.5 Starting and finishing 118

About the author

MICHAEL ROWLINSON MSc, DipArb, MRICS, FCIOB, FCIArb, FCInstCES, is principal of Michael Rowlinson Associates Ltd. An experienced construction professional having qualified initially as a Chartered Quantity Surveyor and later as a Chartered Builder, Michael specialises in all aspects of contract drafting, contract management, contract administration, construction law, claims and dispute resolution. As part of his work Michael lectures extensively and has written many published articles and two books on the NEC3 family of contracts.

Summary

Provides construction industry professionals with a practical and detailed guide to the NEC4 contract

The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4.

Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the'spirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more.
* A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract
* Provides detailed guidance on the use of the agreement, which is claimed to offer increased flexibility, improved clarity and greater ease of use
* Written specifically for people actually using and administering the NEC contracts
* Features 3 appendixes covering tables of clause numbers, case law and statutes; employer's, project manager's, supervisor's, contractor's and adjudicator's actions; and communication forms and their uses.

First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.

Product details

• Authors: M Rowlinson, Michael Rowlinson, Michael (Msc Rowlinson, Rowlinson Michael
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 31.12.2018
• EAN: 9781119522515
• ISBN: 978-1-119-52251-5
• No. of pages: 400
• Subjects: Natural sciences, medicine, IT, technology > Technology > Structural and environmental engineering; Social sciences, law, business > Law > International law, foreign law; Baurecht, Baubetrieb, Bauwesen, Construction Management, Bauingenieur- u. Bauwesen, Civil Engineering & Construction, Construction law