The New Engineering Contract
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Author | : Brian Eggleston |
Publisher | : John Wiley & Sons |
Total Pages | : 430 |
Release | : 2019-03-01 |
Genre | : Law |
ISBN | : 1119478790 |
The authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projects Examines the new contract clause by clause and compares it with the previous edition Previous editions were widely acknowledged as detailed and fair analyses of the NEC contracts Written by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.
Author | : Brian Eggleston |
Publisher | : John Wiley & Sons |
Total Pages | : 392 |
Release | : 2015-05-06 |
Genre | : Law |
ISBN | : 1118989368 |
Now Available in Paperback From its launch in 1991 the New Engineering Contract has rapidly overtaken traditional building and civil engineering contracts to become the UK's leading standard form for major construction projects. Additionally, under the generic title NEC 3, there is now a family of New Engineering Contract standard forms. This book provides a detailed commentary on the latest edition of the main form - NEC 3 Engineering and Construction Contract. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It draws upon the author's successful book on the second edition of the Engineering and Construction Contract, ECC 2, and it identifies and comments on the changes between ECC 2 and NEC 3. Particular attention is given to the revised compensation event procedures in NEC3, with five chapters of the book devoted to this subject. In-depth analysis is also given to: The role of the project manager The obligations of the parties The liabilities of the parties The revised dispute resolution procedures
Author | : Matthew Garratt |
Publisher | : |
Total Pages | : 27 |
Release | : 2017 |
Genre | : Civil engineering contracts |
ISBN | : 9780727763037 |
Author | : Arthur McInnis |
Publisher | : Thomas Telford |
Total Pages | : 698 |
Release | : 2001 |
Genre | : Technology & Engineering |
ISBN | : 9780727729613 |
The introduction of the New Engineering Contract (NEC) encourages a systematic approach to contracting which is multidisciplinary in nature and fully interlocked in form. The NEC is intended by its supporters to be more flexible and easier to use than any current leading traditional standard forms of contract. It is believed that these features reduce adversariality and disputes. The NEC seeks to achieve this aim primarily through co-operative management techniques and incentives built into the NEC's procedures. This commentary analyses and evaluates these and related claims of innovation. The New Engineering Contract: A legal commentary examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour of and against them.Throughout the detailed commentary upon the NEC clauses comparisons to the traditional forms are also made to highlight unique features and principles of general application. The conclusion reached is that the NEC does make a significant contribution to the development of standard forms of contract, addresses many of their short comings and offers one of the best models for their future development, direction and design. The commentary draws upon the body of the project management literature and legal analysis to support its conclusions. The New Engineering Contract: A legal commentary will be essential reading for lawyers, barristers and solicitors, as well as engineers and project managers.
Author | : Kelvin Hughes |
Publisher | : Taylor & Francis |
Total Pages | : 269 |
Release | : 2023-01-06 |
Genre | : Technology & Engineering |
ISBN | : 1000887944 |
As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 ECC Contract uses plain English to lead the reader through the NEC3 Engineering and Construction Contract’s key features, including: main and secondary options the use of early warnings programme provisions payment compensation events preparing and assessing tenders Common problems experienced when using the Engineering and Construction Contract are signalled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC3 ECC.
Author | : Kelvin Hughes |
Publisher | : Taylor & Francis |
Total Pages | : 255 |
Release | : 2024-10-17 |
Genre | : Technology & Engineering |
ISBN | : 1040131689 |
As usage of the NEC family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. This second edition of Understanding the NEC4 ECC Contract uses plain English to lead the reader through the NEC4 Engineering and Construction Contract’s key features. Chapters cover: Contractor’s main responsibilities The use of early warnings Contractor’s design Tendering Quality management Payment Liabilities and insurance Termination Avoiding and resolving disputes and much more. Common problems experienced when using the Engineering and Construction Contract (ECC) are signalled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management and risk management are all addressed in order to direct the user to best practice. This second edition takes into account the updates to the contract released in 2019, 2020 and 2023, and brings the book up to date with the most current practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC4 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors and anyone else interested in working successfully with the NEC4 ECC.
Author | : Michael Rowlinson |
Publisher | : John Wiley & Sons |
Total Pages | : 360 |
Release | : 2016-05-03 |
Genre | : Law |
ISBN | : 1119032997 |
Launched in 1993, the NEC Engineering and Construction Contract has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. The third edition, popularly known as NEC3, is a process based contract embodying project and commercial management best practice, so its basic philosophy differs from the more adversarial approach of other standard construction contracts. Since the first edition of this book, the third edition of the contract has seen the introduction of a new secondary option for use in the UK and amendments to a number of clauses. In addition, in September 2011, changes were introduced to cater for the amendments to the Housing Grants, Construction and Regeneration Act 1996 contained in the Local Democracy, Economic Development and Construction Act 2009, which became effective for all new contracts entered into from 1 October 2011. These amendments have been incorporated into the text. A Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under this contract. It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the day to day management or the resolution of problem situations which may arise.
Author | : Michael Rowlinson |
Publisher | : John Wiley & Sons |
Total Pages | : 404 |
Release | : 2018-10-05 |
Genre | : Law |
ISBN | : 1119522528 |
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.
Author | : Brian Eggleston |
Publisher | : Wiley-Blackwell |
Total Pages | : 336 |
Release | : 2000-08-02 |
Genre | : Technology & Engineering |
ISBN | : 9780632057429 |
The New Engineering Contract is radically different from the traditional forms of contract used in the construction industry. Its style is novel and its structure unique. This book provides a detailed commentary on the Engineering and Construction Contract (the second edition of the New Engineering Contract) and other contracts that make up the New Engineering Contract family of forms. It reviews how the contracts fit into the general framework of contractual relationships and dealings, and it examines each clause of the contracts on a line-by-line basis to consider their practical application and their legal interpretation. Particular attention is given to: * use of the option structure * obligations of the parties * role of the project manager * operation of the compensation events procedures * resolution of disputes
Author | : T. W. Weddell |
Publisher | : Thomas Telford |
Total Pages | : 100 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780727733832 |
UNIQUE FEATURES - Designed to be used as a desk top manual - Describes the main features of the contracts in the NEC family - Includes guidance on which NEC contract is appropriate for a particular project and how to prepare it - Useful for those who need more information about the NEC and its philosophy - Includes exercises at the end of several chapters to stimulate discussions about the many factors that need to be considered in choosing the right NEC contract BACKGROUND INFORMATION The last decades of the twentieth century saw huge changes in construction in the UK, particularly in procurement methods and contract strategy. In this book the author describes these changes as a construction reformation and suggests that the advent of the NEC played an important part in promoting those changes. Since its introduction to the construction sector in 1991, the NEC has been highly recommended in the Latham Report and more recently by the Office of Government Commerce and is now widely used on many small and large projects in the UK and worldwide. ENSURING PROJECT OBJECTIVES In this guide, Bill Weddell, a long standing member of the NEC Panel and a highly respected consultant and trainer on the NEC utilises his skills and wide knowledge of the NEC to provide new and existing users with guidance on how to select and implement NEC contracts to suit differing project needs and objectives. ACCURATE CONTRACT STRATEGIES This guide explains in a concise and practical manner how to decide on the appropriate contract strategy for any given project and how to prepare the contract document for each type of NEC contract. It describes each of the documents and explains the selection methods for the various options and how these are used to produce the contract document. The book also clarifies some of the distinguishing features of the NEC contracts in contrast to the more traditional standard forms and explains how the management procedures in each contract can be used to achieve the Employer's objectives by effective control of time, cost and quality. THE READERSHIP This guide is a valuable tool for anybody involved in the NEC supply chain including clients, consultants, contractors, subcontractors, project managers, quantity surveyors, adjudicators and service suppliers - across the complete spectrum of construction activity. ABOUT THE AUTHOR: Bill Weddell was on the original NEC Working Group and drafting team and has been involved in the later development of the NEC family of contracts up to the publication of NEC3. He has long experience of both design and construction of major civil engineering works including highways, bridges, docks and harbours, tunnels and sea defence works. He was Head of Contracts for a firm of consulting engineers and is now a contract consultant and runs training courses on the NEC.