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
This is a really good read for anyone involved in NEC contracts from two of those in the NEC community that
(I laughed out loud as I read ‘'Still with us? Hopefully.”!)
- seriously know their stuff and
- write in a way that makes contracts interesting! (...)
The 150 pages are well structured with a good introduction focused on how to avoid disputes by putting the documents together well in the first place.
There follow sections, as you might expect on
In summary, a very good and worthwhile read and a book that should be read by anyone that takes their NEC seriously and in the library, at least, of every organisation using (or misusing!) NEC contracts.
Richard Patterson Procurement and NEC Specialist
- communications (generally)
- the key processes that, done well, are in themselves dispute avoidance processes:
- early warning
- payment and
- compensation events. (..)
The release of NEC4 suite of contracts in June 2017, there is a need to bring those in the industry familiar with NEC3 forms up to speed on the changes to this widely used contract family. This new book provides a practical insight into areas of dispute and what practical actions a professional can take to avoid these happening. (...) The areas are cleanly broken down to the normal sections of the contract which reinforces the clarity and logic of the NEC4 conditions of contract. (...) I found the NEC4 Dispute procedures and concluding chapters are worth reading and good to have an in depth discussion of the procedures available and to understand the roles of individuals. This book is aimed at practitioners of varying backgrounds including engineers, supervisors, quantity surveyors and contractors. In summary, I found the book to be an easy-to digest way of learning. Worth reading.
Veronica Flint Williams, Environment Agency