NEC Videos

Over the years Jon has regularly talked at conferences, been interviewed and given numerous webinars. With the exception of those with restricted access, this is a collection of all these video resources which Jon has been able to track down !

Common mistakes when amending NEC contracts – a non-lawyer’s perspective

TAGS: contract, drafting, NEC, NEC4

This webinar was delivered via Barton Legal in 2024 as part of their monthly webinars. In it, Jon discusses common mistakes he sees people - normally lawyers - make when drafting amendments. Rather than achieve 'legal certainty', they often undermine the likely success of the contract.

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Should we co-operate or collaborate ... or just not bother?

TAGS: alliancing, collaboration, collaborative working, co-operation, NEC

This presentation was given with Lesley Hunt of Jacobs at the 2023 Linked In NEC People. Together, they challenge the notion that all you need to do is 'collaborate' for a successful NEC contract ... or if you should even collaborate at all !

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Using AI to level the playing field of NEC procurement and project delivery

TAGS: Early Warnings, NEC, Risk Management

This webinar (which actually starts at 1min & 35s in) is a discussion between Jon and Nick Williams & Richard Beddard-Jones of nPlan on how their huge database of construction activity durations and AI based tools can help to deliver better NEC contracts.

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How NOT to use an NEC Contract in order to have an Unsuccessful contract

TAGS: NEC, project management

This webinar was delivered via Barton Legal back in 2021as part of their monthly webinars. In it, Jon identifies and briefly discusses the most common mistakes, from his experience, which undermine successful delivery of an NEC contract.

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NEC4 : the good, the bad & the ugly – Part 1 : Contract strategy changes

TAGS: Contract Strategy/Flexibility, contract strategy, NEC, NEC4

This webinar was given via the APM when the 4th edition of NEC - NEC4 - came out in 2017. This Part 1 focusses on the changes affecting contract strategy: the new members of family , changes to the payment options & changes to the secondary options.

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NEC4 : the good, the bad & the ugly – Part 2 : Changes to the Engineering and construction Contract

TAGS: NEC, NEC4, Project Management

This webinar was given via the APM when the 4th edition of NEC - NEC4 - came out in 2017. This Part 2 focusses on the changes made to the Engineering and Construction Contract, although similar changes were made to other NEC contracts.

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Managing Compensation events properly!

TAGS: Compensation Events, NEC, NEC3, NEC4, Risk Management

In this presentation, given at the 2015 Linked In NEC People conference, Jon gives practical tips on how to assess compensation events quickly, amicably and accurately with less ‘hassle’. Wouldn’t that be good ?

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Risk : Practical Tips for Managing it under NEC

TAGS: Early Warnings, NEC, Risk Management

This webinar, delivered many years ago, looks at the deficiencies of risk management and its practical application under NEC3. In particular, it looks at the interplay with the early warning clauses of the contract.

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An NEC interview with the Chairman of the APM C&P SIG

TAGS: Contract Strategy/Flexibility, NEC, NEC3, professional services

Jon is interviewed here in his role as chair of the APM’s Contracts & procurement SIG, before focussing on the NEC3 Professional Services Short Contract which, in 2013, had just been published and Jon led the development of.

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NEC – Six levels of use of the programme

TAGS: Accepted Programme, Contract Strategy/Flexibility, NEC, NEC3, Project Management

In this video, Jon gives a quick overview of the NEC3 family of contracts before explaining the six levels of use of the Accepted Programmes which he has observed in high performing NEC3 contracts.

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NEC3: Introduction to the PSSC

TAGS: NEC, NEC3, professional services

Published as part of April 2013's edition of the NEC3 Contract, the Professional Services Short Contract (PSSC) offers an alternative to the Professional Services Contract for low value and less complex commissions. The PSSC, jointly badged with the APM, was the latest addition to the NEC3 family of contracts. Find out the reasons for the PSSC and how & when to use it.

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Contract Strategy

At its heart, contract strategy is about the allocation of risk and how much or what is shared, transferred or capped. And, in doing this, whether consciously or not, you are determining the parties’ motivations, both when bidding and operating the contract. These videos give examples of Jon’s assignments and practical thought leadership.

ECI and Project Incentivisation

TAGS: alliancing, Contract Strategy/Flexibility, Early Contractor Involvement, ECI, NEC, NEC4

This presentation was given by Jon at the 2018 Linked In NEC People conference. It firstly looks at the effectiveness of positive versus negative incentivisation; then at the different types of Early Contractor Involvement (ECI) under NEC and, lastly, at the three basic types of Alliance arrangements.

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An Overview of Early Contractor Involvement

TAGS: alliancing, collaboration, collaborative working, Contract Strategy/Flexibility, Early Contractor Involvement, ECI, NEC, NEC4

This presentation, given at the start of 2023, talks through 6 different archetypes of Early Contractor Involvement (ECI) and their pros & cons and hence which one is most suitable for different types of projects. It then does the same for the three different basic types of Alliances.

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Creating unexpected value from outcome based procurements

TAGS: Contract Strategy/Flexibility, contract strategy, outcome based contracting

In collaboration with the Association for Project Management, Jon chaired a webinar to discuss 'Creating unexpected value from outcome based procurements'. The fellow participants were Darren Knowd, Tony Birch and Hugo Minney.

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Beyond Collaboration with Connect Plus

TAGS: Contract Strategy/Flexibility, NEC, NEC3

Chris Richardson of Connect Plus, the organisation that maintains the M25, explains the issues that they have, before Jon outlines the innovative approach they are taking to their future frameworks.

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Alliancing Strategy for New Zealand Coal Mine - Part 1

TAGS: alliancing, collaboration, collaborative, collaborative working, Contract Strategy/Flexibility

This is the first video of a presentation Jon gave at the Association for Project Management conference on 'Contracting for Benefits'. In it, Jon explains how he worked with New Zealand's national coal mining company, Solid Energy (NZ) Ltd, to select and contract with an Australian coal mining company in order to transform the operation of their largest coal mine and double its working life.

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Alliancing Strategy for New Zealand Coal Mine – Part 2

TAGS: alliancing, collaboration, collaborative working, Contract Strategy/Flexibility, contract strategy

This video continues the presentation Jon gave at the Association for Project Management conference on 'Contracting for Benefits'. In it, Jon explains how he worked with New Zealand's national coal mining company, Solid Energy (NZ) Ltd, to select and contract with an Australian coal mining company in order to transform the operation of their largest coal mine and double its working life.

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Alliancing Strategy for New Zealand Coal Mine – Part 3

TAGS: alliancing, collaboration, collaborative working, Contract Strategy/Flexibility

This is the last video of a presentation Jon gave at the Association for Project Management conference on 'Contracting for Benefits'. In it, Jon explains how he worked with New Zealand's national coal mining company, Solid Energy (NZ) Ltd, to select and contract with an Australian coal mining company in order to transform the operation of their largest coal mine and double its working life.

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APM Contracts & Procurement Guide launch event

Jon co-edited the Association for Project Management’s Guide to Contract & Procurement for portfolio, programme and project managers, as well as being lead author for a number of chapters. This series of videos are from the launch event in 2017 and features other contributors.

APM Guide to Contracts and Procurement: Introduction by Dr Jon Broome

TAGS: contract strategy, outcome based contracting, procurement, Project Management

In this presentation by Jon, you will learn: (1) why knowledge and skill in contracts & procurement matter if you want to be an effective project manager; (2) about modern developments in procurement which affect the delivery of projects & programmes you may become involved in; and (3) why it will only become more important to your career.

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APM Guide to Contracts and Procurement: Concept and Feasibility by Dr Jon Broome

TAGS: Contract Strategy/Flexibility, contract strategy, outcome based contracting, procurement, Project Management

In this presentation by Jon, you will gain : (1) an overview of the process chart ; (2) why project managers and procurement people need to be involved at this stage; and (3) a few war stories to illustrate good and bad practice.

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APM Guide to Contracts and Procurement: Project Procurement Strategy by James Buckley-Walker

TAGS: collaboration, Contract Strategy/Flexibility, contract strategy, procurement, Project Management

In this session by James Buckley-Walker you will learn about : (1) assessment of the internal capacity of the employer organisation or the external potential to provide the package; (2) the nature of the relationship sought with the potential provider; (3) the most appropriate high-level contracting strategy; (4) the provider selection strategy to be employed; and (5) defining the scope, interfaces & inter-dependencies between each package .

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APM Guide to Contracts and Procurement: Package Contracting Strategy by Anne Holden

TAGS: alliancing, Contract Strategy/Flexibility, contract strategy, procurement, Project Management

In this session by Anne Holden, you will gain : (1) an overview of the process for developing a package’s contract strategy; (2) a high level overview of the different contract strategies available; and (3) war stories to illustrate the pros & cons of different contract strategies; While presented by Anne, Jon wrote this section of the Guide.

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APM Guide to Contracts and Procurement: Prepare Contract Terms by Alastair Greenan

TAGS: procurement, Project Management

This session is presented by Alastair Greenan, an experienced project manager of £billion+ projects in the oil sector. You will learn: (1) what you need in place before you begin (inputs); (2) an overview of the Guide's Process Chart; (3) how to effectively brief the team; (4) considerations on Legal Context and Form of Contract; and (5) how to develop the Contract Requirements & ensure an effective review.

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APM Guide to Contracts and Procurement: Select Provider and Award the Contract by John Lake

TAGS: procurement, Project Management

John Lake is an experienced project manager in IT with expertise in contract management. In this session, you will gain : (1) an overview of the process for developing a package’s contract strategy; and (2) an understanding of the different approaches for final selection and relate them to the E U procurement regulations;

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APM Guide to Contracts and Procurement: Manage and Deliver the Contract by John Lake

TAGS: Administration, Payment, procurement, Project Management

John Lake both led the development of this chapter & presents this session. In it, you will learn about : (1) your role as a PM in the delivery of contracted packages; (2) getting up to speed when you start; (3) the delivery process; (4) the most common pitfalls (gotchas!); and (5) how to use the C&P Guide during delivery.

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APM Guide to C&P : Contract Closure, Cut-over and Operation & Support by Alastair Greenan

TAGS: Administration, procurement, Project Management

In this final session by Alastair Greenan, you will learn about : (1) when a project ends and the three types of closure; (2) when & how to prepare for contract closure; (3) what you need to do to close-out a contract; and (4) managing potential damage clauses, stakeholders and client expectations.

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General Project Management

Business strategy for the aspiring project professional

TAGS: business strategy, strategy development

Jon's interest in business strategy development arises both from being a private investor and, as a former trustee of the Association for Project Management (APM), being instrumental in developing its strategy. This webinar is aimed at the project manager wanting to understand, in a business context, why a project is being done!

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Actually managing the risk under NEC - Part 1 : Using nPlan to help get a first Accepted Programme

TAGS: Accepted Programme, AI, Artificial Intelligence, Big data, collaboration, collaborative working, NEC, NEC4

This is the first of a series of webinars discussing how nPLan's huge database of construction activity durations and AI powered IT can help manage NEC contracts better. This webinar looks at how it can help agree a good Accepted Programme for the overall benefit of the contract.

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Actually managing the risk under NEC - Part 2 : Using nPlan to more effectively manage early warnings

TAGS: AI, Artificial Intelligence, Big data, collaboration, collaborative working, Early Warnings, NEC, NEC4, Risk Management

This is the second of a series of webinars discussing how nPLan's huge database of construction activity durations and AI powered IT can help manage NEC contracts better. This webinar looks at how nPlan's tool can help link risk management to early warnings to give EARLY early warnings !

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Actually managing the risk under NEC - Part 3 : making the assessment of compensation events easier

TAGS: AI, Artificial Intelligence, Big data, collaboration, collaborative working, Compensation Events, co-operation, NEC, NEC4

This is the last of a series of webinars discussing how nPLan's huge database of construction activity durations and AI powered IT can help manage NEC contracts better. This one considers how it can help with the rapid agreement of compensation events.

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Using AI to level the playing field of NEC procurement and project delivery

TAGS: ;, AI, Artificial Intelligence, Big data, NEC, NEC4, Project Management, Risk Management

This webinar (which actually starts at 1min & 35s in) is a discussion between Jon and Nick Williams & Richard Beddard-Jones of nPlan on how their huge database of construction activity durations and AI based tools can help to deliver better NEC contracts.

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Risk management is dead (or dying)? Long live the management of risk

TAGS: Project Management, Risk Management

In this webinar, Jon identifies the deficiencies of risk management theory as practised by the risk management profession before putting it back together to be more useful and practical for the average project manager.

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Risk management is dead (or dying)? The right to reply Webinar

TAGS: Project Management, Risk Management

In this webinar, Peter Campbell responds to Jon’s criticisms of risk management.

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Built Intelligence

Jon wrote this series of short eLearning videos, which are published by BuiltIntelligence (BI), to provide a succinct overview of the NEC3 family of contracts. It is part of wider, more detailed series available from BuiltIntelligence on a subscription basis, which Jon co-authored with Glenn Hide. This has since been updated to reflect the developments in the 4th edition, but much of these videos' content is still relevant as NEC4 was 'evolution, not revolution'.

Part 1 : Introduction to the NEC3

TAGS: NEC, NEC3

This video provides an overview of the NEC3 families objectives.

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Part 2 : Flexibility and the Family of Contracts

TAGS: Contract Strategy/Flexibility, NEC, NEC3

This video gives an overview of the whole NEC3 family of contracts

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Part 4 : Flexibility and Contractor design

TAGS: Contract Strategy/Flexibility, NEC, NEC3

This video explains how the Engineering & Construction Contract can be used for any extent of Contractor design

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Part 6 : Flexibility and the Secondary options

TAGS: Contract Strategy/Flexibility, NEC, NEC3

This video gives an overview of how secondary options can be selected to fine tune the contract strategy

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Part 7 : Summary of Flexibility

TAGS: Contract Strategy/Flexibility, NEC, NEC3

This video summarises how ‘flexibility’ is put into practice when using the NEC3 family.

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Part 8 : Clarity and Simplicity

TAGS: Clarity & Simplicity, Contract Strategy/Flexibility, NEC, NEC3

This video explains all the contract documents under the Engineering and Construction Contract as well as how the family achieves its Clarity and Simplicity objective.

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Part 9 : Stimulus to Good project Management

TAGS: Accepted Programme, Compensation Events, Early Warnings, NEC, NEC3, Payment, Project Management

This video gives an overview of the Stimulus to Good Management objective and why it matters.

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Part 12 : Open book accounting

TAGS: Contract Strategy/Flexibility, NEC, NEC3, Payment, Project Management

This video explains the importance of good open book management under the cost based options

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Part 13 : The Accepted Programme

TAGS: Accepted Programme, NEC, NEC3, Project Management

This video gives a quick overview of the programming requirements of the NEC.

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Part 14 : Early warnings and the risk reduction process

TAGS: Early Warnings, NEC, NEC3, Project Management, Risk Management

This video gives a quick overview of the early warnings and the risk reduction process under NEC

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Part 15 : Compensation events

TAGS: Compensation Events, NEC, NEC3, Project Management

This video gives a quick overview of compensation event definitions, process and timescales.

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Part 16 : Review of Stimulus to Good Project

TAGS: Accepted Programme, Compensation Events, Early Warnings, NEC, NEC3, Project Management

This video briefly reviews how the NEC aims to stimulate good project management

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Part 17 : Quirks and Myths of the NEC

TAGS: NEC, NEC3, Project Management

This video explores some of the quirks and myths of the NEC

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Part 18 : Course Review

TAGS: NEC, NEC3

This video brings the whole of the NEC3 in an hour course to a conclusion.

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ECI and Project Incentivisation

TAGS: ECI

It is slowly dawning on the industry that negative incentives i.e. damages, don’t really work in terms of stimulating improved performance and good results. This video presentation will consider the three available strategies for Early Contractor Involvement; the setting of the pain / gain formula in option C, positive versus negative incentives and the use of the X options. This will be related back Connect Plus as a case study of incentivisation in action.

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Simmons & Simmons Elixica

The series of short discussions involves four recognised NEC experts – Jon, Rob Horne, Ewen Maclean and Ian Heaphy – discussing various aspects of the NEC3. Despite NEC4 being out since 2017, most of the content is still relevant, even if NEC4 has taken on-board the comments made by the motley crue !

Overview of the NEC - What sets it apart from other contracts?

TAGS: Clarity & Simplicity, Contract Strategy/Flexibility, Discussion, NEC, NEC3, NEC4

In this video, the panel discuss what aspects make the NEC3 form of contract unique.

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Overview of the NEC - Is the NEC always suitable?

TAGS: Contract Strategy/Flexibility, Discussion, NEC, NEC3, NEC4

Overview of the NEC - Is the NEC always suitable? In this video, the panel discuss whether the NEC form of contract is always the best option for a project and, if ‘Yes’ how to apply it.

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Overview of the NEC - Do the NEC and the Construction Act have common values?

TAGS: Adjudication, NEC, NEC3, NEC4, Payment

In this video, the panel discuss whether there was a joint thinking in the way that the construction act developed and the implementation of the NEC. Adjudication, Payment

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The impact of Adjudication on the development of NEC3

TAGS: Adjudication, Discussion, NEC, NEC3

In this video, the panel discusses Adjudication. In particular, as it is a private process, whether the lack of testing through a court process has stunted its development.

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Does NEC3 have too much process and procedure ?

TAGS: Accepted Programme, Compensation Events, Early Warnings, NEC, NEC3, NEC4

NEC contains a lot of processes from early warning through programme updates to compensation events. In this video, the panel discusses whether these process add unnecessary cost and bog a project down in unnecessary administration?

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Do the communications clauses of NEC really work effectively?

TAGS: Administration, NEC, NEC3, NEC4

For most major projects, communications are a key ingredient for success. In this video, Rob, Ewen, Ian and Jon debate whether the definitions and applications of the communication clauses, especially 13.1 and 13.7 enable or prevent effective communication?

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NEC: Is there really a difference between 'approved' and 'accepted'?

TAGS: Accepted Programme, Administration, NEC, NEC3, NEC4

Accepted and approved sound very similar. One is used in the NEC the other is not. Is this just a matter of semantics or is there an important point of principle underlying this choice of words. What does it mean to “accept” under the NEC and are there any particular consequences ? Jon, Ian, Ewen and Rob discuss and come up with a simple suggestion to improve the contract.

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NEC : Should early warnings be contractual obligations?

TAGS: Early warnings, NEC, NEC3, NEC4

Early warnings are a very practical tool to help a project run smoothly and generate opportunity to identify problems and avoid or mitigate their impact. Does that process work better when it has contractual teeth or should it be a tool to enable collaboration without risk of loss if it is not operated properly. Jon, Ian, Ewen and Rob discuss whilst giving some practical tips on how to use them.

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NEC: Who controls a risk reduction meeting?

TAGS: Early Warnings, NEC, NEC3, NEC4

Part of the early warning process under NEC is the risk reduction meeting. Primarily it is a means to discuss and track the risks which have been identified and notified under the contract. Who is best placed to manage the meeting and the resultant risk register? What happens if someone refuses to attend and how can that be managed ?

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NEC: Why aren't options B and D used much?

TAGS: Contract Strategy/Flexibility, NEC, NEC3, NEC4, Payment

There is a clear preference in the UK market for Options A and C : is there a contractual, legally, technical, or practical reason for that? Jon, Ian, Rob and Ewen discuss this and whether other alternatives are being missed?

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Is there a Final Account mechanism under the NEC3 ?

TAGS: Administration, NEC, NEC3, Payment

When you get to the end of the contract, a key question is to tally up how much it has cost against how much it was planned to cost and reach a financial settlement. How does the NEC achieve this? Is this one area where it is process light compared to other contracts? Why might that be? Jon, Ian, Rob and Ewen discuss.

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NEC: The Schedule of Cost Components is really complicated, why not just use rates?

TAGS: Administration, NEC, NEC3, NEC4, Payment

One of the innovative approaches of the original New Engineering Contract was to provide more definition around what amounts to recoverable “cost” under the contract in the form of the Schedule of Cost Components. Is it really worth the trouble though? Jon, Ian, Rob and Ewen discuss.

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Does the payment mechanism under NEC work efficiently?

TAGS: Administration, NEC, NEC3, Payment

Most contracts assume the contractor will lead the payment application cycle with the certifier reviewing the application. Why is the NEC different in having the process led by the Project Manager ? And what actually happens in practice ? Jon, Ian, Ewen and Rob discuss.

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Why do Options C, D and E let the Project Manager disallow costs?

TAGS: Administration, Contract Strategy/Flexibility, NEC, NEC3, NEC4, Payment

Disallowed Cost is a subject that makes almost everyone, no matter which side of the contract they sit on, slightly hot under the collar. The fab four discuss why ‘Disallowed Cost’ is needed as a provision, what happens when it is wrongly applied and practical steps to avoid people getting hot under the collar!

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How do I recover my Subcontractors overheads?

TAGS: Administration, Contract Strategy/Flexibility, NEC, NEC3, NEC4, Payment

NEC allows recovery of Defined Cost plus Fee with each payment option having a slightly different approach to the calculations. So how do you make sure that those definitions tie up with the supply chains, so that no one is either under or over recovering ?

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Is an NEC programme just a bar chart?

TAGS: Accepted Programme, NEC, NEC3, NEC4

The programme is central to most process under the NEC but what exactly is the programme? If it isn’t just a bar chart what exactly is it or what could it include? Jon, Ian, Ewen and Rob discuss.

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How much detail should the Programme include?

TAGS: Accepted Programme, NEC, NEC3, NEC4

For long and complex projects the programme can itself be complicated. How much information should anyone reasonably expect to see on a programme and does the distance away from “time now” matter? If things are further in the future is it OK to be a little more vague about them?

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Is there an implied acceptance of programmes?

TAGS: Accepted Programme, NEC, NEC3, NEC4

Given how central the programme is to NEC, it must be important that everyone works to the same, up to date, version of it. So what happens then if a Contractor submits a programme and hears nothing back? Is it accepted or not ? And does it make a difference? Jon, Ian, Ewen and Rob discuss.

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Are the programmes requirements of NEC too complicated?

TAGS: Accepted Programme, NEC, NEC3, NEC4

Clause 31.2 contains a very long list of what must be included in a compliant programme and clause 32.1 adds to that for each update. Isn’t that really all too much particularly if the project is a relatively simple one ? Rob, Ian, Ewen and Jon discuss.

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NEC: Float and time risk allowance are the same, aren't they?

TAGS: Accepted Programme, NEC, NEC3, NEC4

An NEC programme should show both time risk allowance and float. What are the practical and programming differences between the two? How do you show them and use them effectively? Rob, Ian, Ewen and Jon discuss.

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Compensation Events tie together all contractual consequences

TAGS: Accepted Programme, Compensation Events, NEC, NEC3, NEC4

The theory behind compensation events in the NEC is to take an event and deal with all of its consequences and how all parties have dealt with it in one go. Does that produce a better result or just a more complicated process? Is it really any different to other contacts in practice ? Ian, Ewen, Rob and Jon discuss.

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Which of compensation events are most common?

TAGS: Compensation Events, NEC, NEC3, NEC4

The compensation event mechanism is intended to be a sole remedy under the contract. So the list of nineteen core compensation events should be all encompassing. Despite that breadth are there trends for which ones are most common ? And are there particular events which rarely seemed to be claimed properly ?

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How do the time bars in clause 61.3 operate?

TAGS: Administration, Compensation Events, NEC, NEC3, NEC4

Clause 61.3 provides that, for certain compensation events, if the Contractor does not notify them within 8 weeks of becoming aware of them, it will lose the right to a change in the total of the Prices and the contractual Completion Date. That doesn’t sound very much like mutual trust and co-operation, does it ? Is it appropriate to have time bars in this contract and do they work ?

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What happens when the Project Manager doesn't reply properly?

TAGS: Administration, Compensation Events, NEC, NEC3, NEC4

There are a number of stages that a compensation event needs to pass through before it becomes contractually implemented. Is it possible for the Project Manager to de-rail the process by refusing to engage in it? If there is a lack of engagement what happens ideally and practically ? Jon, Ewen, Rob and Ian discuss.

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Do the 63.7 assumptions work in practice?

TAGS: Compensation Events, NEC, NEC3, NEC4

Clause 63.7 allows the Project Manager to give some working assumptions to the Contractor where there is not enough detail available for a proper quotation for a compensation event. Are assumptions often given and if they are, do they help the Contractor or just cover the Project Manager ?

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