Videos
Do the 63.7 assumptions work in practice?
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 ?
What happens when the Project Manager doesn’t reply properly?
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.
How do the time bars in clause 61.3 operate?
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 ?
Which of compensation events are most common?
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 ?
Compensation Events tie together all contractual consequences
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 contracts in practice ? Ian, Ewen, Rob and Jon discuss.
NEC: Float and time risk allowance are the same, aren’t they?
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.
Are the programmes requirements of NEC too complicated?
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.
Is there an implied acceptance of programmes?
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.
How much detail should the Programme include?
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?
Is an NEC programme just a bar chart?
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.
How do I recover my Subcontractor’s overheads?
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 ?
Why do options C, D and E let the Project Manager disallow costs?
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!
Does the payment mechanism under NEC work efficiently?
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.
NEC: The Schedule of Cost Components is really complicated, why not just use rates?
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.
Is there a Final Account mechanism under the NEC3 ?
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.
NEC: Why aren’t options B and D used much?
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?
NEC: Who controls a risk reduction meeting?
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 ?
NEC : Should early warnings be contractual obligations?
Early warnings are a very practical tool to help a contract 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.
NEC: Is there really a difference between ‘approved’ and ‘accepted’?
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.
Do the communications clauses of NEC really work effectively?
Do the communications clauses of NEC really work effectively?
Does NEC3 have too much process and procedure ?
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?
The impact of Adjudication on the development of 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.
Overview of the NEC – Do the NEC and the Construction Act have common values?
In this video, the panel discuss whether there was joined-up thinking in the way that the construction act developed and the implementation of the NEC.
Overview of the NEC – Is the NEC always suitable?
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.
Overview of the NEC – What sets it apart from other contracts?
In this video, the panel discuss what aspects make the NEC3 form of contract unique.
Part 18 : Course Review
This video brings the whole of the NEC3 in an hour course to a conclusion.
Part 17 : Quirks and Myths of the NEC
This video explores some of the quirks and myths of the NEC
Part 16 : Review of Stimulus to Good Project
This video briefly reviews how the NEC aims to stimulate good project management
Part 15 : Compensation events
This video gives a quick overview of compensation event definitions, process and timescales.
Part 14 : Early warnings and the risk reduction process
This video gives a quick overview of the early warnings and the risk reduction process under NEC
Part 13 : The Accepted Programme
This video gives a quick overview of the programming requirements of the NEC.
Part 12 : Open book accounting
This video explains the importance of good open book management under the cost based options
Part 09 : Stimulus to Good project Management
This video gives an overview of the Stimulus to Good Management objective and why it matters.
Part 08 : Clarity and Simplicity
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.
Part 07 : Summary of Flexibility
This video summarises how ‘flexibility’ is put into practice when using the NEC3 family.
Part 06 : Flexibility and the Secondary options
This video gives an overview of how secondary options can be selected to fine tune the contract strategy
Part 05 : Flexibility and the main payment options
This video briefly explains the six main payment options.
Part 04 : Flexibility and Contractor design
This video explains how the Engineering & Construction Contract can be used for any extent of Contractor design
Part 03 : Flexibility – multi-disciplinary and international use
This video explains how NEC can and has been used across sectors and internationally.
Part 02 : Flexibility and the Family of Contracts
This video gives an overview of the whole NEC3 family of contracts
Part 01 : Introduction to the NEC3
This video provides an overview of the NEC3 families' objectives.
Actually managing the risk under NEC – Part 3 : making the assessment of compensation events easier
This is the last of three more detailed 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.
Actually managing the risk under NEC – Part 2 : Using nPlan to more effectively manage early warnings
This is the second of three more detailed 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 !
Actually managing the risk under NEC – Part 1 : Using nPlan to help get a first Accepted Programme
This is the first of three more detailed 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.
Using AI to level the playing field of NEC procurement and project delivery
This webinar (which starts at 1min & 35s) 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.
APM Guide to Contracts and Procurement 08: Contract Closure, Cut-over and Operation & Support by Alastair Greenan
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.
APM Guide to Contracts and Procurement 07: Manage and Deliver the Contract by John Lake
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.
APM Guide to Contracts and Procurement 06: Select Provider and Award the Contract by John Lake
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;
APM Guide to Contracts and Procurement 05: Prepare Contract Terms by Alastair Greenan
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.
APM Guide to Contracts and Procurement 04: Package Contracting Strategy by Anne Holden
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 led the writing of this section of the Guide.
APM Guide to Contracts and Procurement 03: Project Procurement Strategy by James Buckley-Walker
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 .
APM Guide to Contracts and Procurement 02: Concept and Feasibility by Dr Jon Broome
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.
APM Guide to Contracts and Procurement 01: Introduction by Dr Jon Broome
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 as you progress your career.
Risk management is dead (or dying)? The right to reply Webinar
In this webinar, Peter Campbell - the then chair of APM's Risk SIG - responds to Jon’s criticisms of risk management.
Risk management is dead (or dying)? Long live the management of risk
In this webinar from 2013, 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.
Business strategy for the aspiring project professional
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 and contribute to that business case !
Contract Strategy Part 5: The Remaining Secondary Options
Having covered the secondary options to do with incentives in the previous session, this one starts with a brief discussion on designing intelligent incentive plans that work. It then covers the remaining X-clauses to do with : external cost events; remedies in case of insolvency; correcting Defects and Contractor design. The course finishes off on UK specific clauses and a few comments on the use of Z-clauses.
Contract Strategy Part 4: Management Contracts & secondary options relating to incentivisation
This sessions starts with a few Q&As arising from the previous sessions, before diving into what the differences between the three main management options are - namely management contracting, construction management & delivery partner - and when to use each. It then considers some principles & practicalities in developing an intelligent incentive plan before considering the relevant secondary options to do with this, whether expressed positively i.e. bonuses or negatively i.e. damages.
Contract Strategy Part 3: the main payment options & ECI
This session covers the main payment options focussing on those available under the NEC4 Engineering and Construction Contract, although the content is relevant to other members of the NEC4 family. It describes what each option is, when to use it and key considerations for implementation. At the end, it includes a discussion of different types of Early Contractor Involvement (ECI).
Contract Strategy Part 2: Selecting The Right NEC4 Contract
This session gives an overview of each member of the NEC4 contract family, outlining what they are and when to use them. It finishes by comparing the options available under the NEC4 family with those available under the FIDIC and JCT forms.
Contract Strategy Part 1: Principles & Process
This webinar gives an overview of what procurement is in a project environment and how contract strategy fits into it; it then explores the principles and thought processes involved in developing an intelligent 'fit for purpose' contract strategy; and finishes with a quick overview of NEC's three main objectives with the 'Flexibility' objective being the most relevant.
Alliancing Strategy for New Zealand Coal Mine – Part 3
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.
Alliancing Strategy for New Zealand Coal Mine – Part 2
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.
Alliancing Strategy for New Zealand Coal Mine – Part 1
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.
Beyond Collaboration with Connect Plus
Given in 2017, 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. It has proved highly successful in practice.
Creating unexpected value from outcome based procurements
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.
ECI and Project Incentivisation
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.
An Overview of Early Contractor Involvement
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.
NEC – Six levels of use of the programme
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.
Risk : Practical Tips for Managing it under NEC
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.
NEC3: Introduction to the PSSC
The Professional Services Short Contract (PSSC) was first published as part of April 2013 update to the NEC3 Contract family. It offers an alternative to the full Professional Services Contract for low value and less complex commissions. It was jointly developed with the APM with Jon leading the development of it. Find out the reasons for the PSSC and how & when to use it.
An NEC interview with the Chairman of the APM C&P SIG
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.
Managing Compensation events properly!
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 ?
NEC4 : the good, the bad & the ugly – Part 2 : Changes to the Engineering and construction Contract
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.
NEC4 : the good, the bad & the ugly – Part 1 : Contract strategy changes
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.
How NOT to use an NEC Contract in order to have an Unsuccessful contract
This webinar was delivered via Barton Legal 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.
Using AI to level the playing field of NEC procurement and project delivery
This webinar (which 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.
Should we co-operate or collaborate … or just not bother?
This presentation was given with Lesley Hunt of Jacobs at the 2023 Linked In NEC People conference in London. 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 !
Common mistakes when amending NEC contracts – a non-lawyer’s perspective
This webinar was delivered via Barton Legal in early 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.
Early Contractor Involvement (ECI) book launch event
Jon co-authored the book 'Early Contractor Involvement: improving the management of contract risk' published in January 2025. This Teams webinar, recorded in May 2025, gives an overview of the parts that Jon wrote, namely: the 6 basic types of ECI: what they are, their pros & cons; and when to use them; key issues from the Client's perspective and key issues from the Project Manager's perspective.
Practical early warnings
This talk was recorded at the London NEC People conference in summer 2024. It takes people through the early warning clauses giving practical tips and insights into how to manage early warnings more efficiently & effectively to give better contract outcomes.