NEC4 Resolving and Avoiding Disputes explains how to manage the NEC4 Engineering and Construction Contract (ECC) to avoid disputes between the parties and others. Written by two NEC experts, the book clearly describes the principles of dispute avoidance which will enable better management of projects. Coverage includes detailed commentary on communication requirements in the ECC, the early warnings process, managing the programme, assessing payments, managing change with compensation events, and how to follow the termination provisions in NEC4 ECC.
The book also illustrates how the dispute resolution procedures contained in the NEC4 ECC enable speedier and more efficient resolution of disputes when they do occur. Among the topics covered in these chapters are: the role of Senior Representatives, dispute resolution provisions in Options W1, W2, and W3, the Dispute Avoidance Board, and the NEC4 Dispute Resolution Service Contract. A common theme is that a Party which has followed the procedures and timetables in the contract will be much better placed to achieve a satisfactory resolution to a dispute.
NEC4 Resolving and Avoiding Disputes is an ideal companion for both experienced professionals and early career practitioners. It will be an essential and informative resource for professionals working across a range of roles within construction, including engineers, surveyors, architects, project managers, consultants, and contractors; lawyers and claims consultants; and anyone else working with, or interested in working successfully with, the NEC4 suite of contracts.
Robert Alan Gerrard BSc(Hons), FRICS, FCInstCES, has been the NEC Users’ Group Secretary since 2005 and was part of the NEC4 drafting team. He is an NEC consultant and has run numerous NEC training courses, working with NEC contracts since 1996.
Patrick Waterhouse CEng FICE FCIArb FCInstCES is a construction adjudicator and contract consultant. He is a recognised expert in the NEC forms of contract, and adjudicated numerous disputes under NEC contracts and acted as party advisor in many more. Patrick delivers training in all forms of contract and is an examiner for the ICE’s law and contract management examinations.
"There is a real possibility that this book will do more good for standard form contracts than any other. Its theme is dispute avoidance; its approach, its tone, and its style is building-contractor-friendly. Forms of Contract are written by lawyers for building Buildings. Those two camps aren’t always able to fathom each other. In the end the builder just gets on with building. Whether it is this or that contract document is all very well but spending time trying to operate contract clauses in the ‘muck and bullets’ of building something is, er, hmm, not a priority. It’s only when a dispute breaks ground that building folk start rummaging the small print . . . dozens and dozens of pages in dozens and dozens of contract documents."
Tony Bingham, Arbitrator, Adjudicator, Barrister at Law