Organiser: Mary Ann Goodier
Location: Park Royal Hotel Stretton, Warrington, WA4 4NS
Phone: Mary-Ann Goodier: 01928 756 500
The NEC is still a relatively new contract to many companies and this can often lead to problems in its interpretation. This seminar will investigate some of the most frequently posed problems encountered by our clients using NEC and will provide practical solutions by speakers who have extensive practical experience in resolving disputes under NEC contracts. The seminar will also explore recent case law that is available in respect of such problems. This will provide some judicial authority on some of the solutions offered by our speakers.
The problems that we will cover are:
- What happens if both the Project Manager and Contractor incorrectly follow the terms of the contract but the Project Manager later decides to rely on the strict terms of the contract, thus reducing the Contractor’s entitlement under the contract?
- Can the Contractor rely on meeting minutes or progress reports as effective notices under NEC and what happens if a notice is sent to the wrong address?
- How are discrepancies in contract documents resolved under NEC given that there is no provision for an order of precedence in the conditions?
- What is the status of verbal instructions and should the Contractor act on them?
- What information should be included in the Risk Register and should it state who is responsible for each risk identified?
- How is design responsibility allocated under NEC compared to JCT Design and Build?
- If a Project Manager accepts a design submitted by the Contractor, does the Project Manager take any responsibility for any errors in the accepted design?
- How does the novation of consultants operate under NEC?
- If the Contractor’s design has to be approved by a third party, who takes the risk of late approval?
Time and programme
- What is the difference between time related risk and float and who owns it?
- The NEC states that only implemented compensation events are to be shown on programmes submitted for acceptance. Does this mean that the Contractor is not required to show the effect of non-implemented compensation events and early warning matters?
- The Employer has started using the building before Completion. Is the Employer deemed to have taken over this part of the works and what are the consequences of such take over if he does?
- How is a compensation event for a weather measurement under clause 60.1(13) assessed?
- What is the meaning of a “physical condition” when assessing a compensation event under clause 60.1(12) and who is responsible for inadequacies or errors contained in geotechnical reports in the Site Information?
- What happens if a compensation event is notified but the last Accepted Programme is over 8 weeks old. Does the quotation have to impact the effect of this compensation event into an outdated programme?
- Can a Contractor claim an apportionment of staff time for each compensation event?
- How is concurrency dealt with under NEC when assessing delay and prolongation costs?
Risk and Insurances
- What is the effect of ‘joint names’ insurances as required by NEC and does this mean that the parties cannot claim against each other for losses that are caused by an insured risk?
The seminar will cover the above problems as a minimum and will also include a team workshop exercise to test your own knowledge of NEC with other attendees on the day.
Price: £150 (incl. VAT) per person
To book contact Mary-Ann Goodier on 01928 756 500 or firstname.lastname@example.org