CPD Flashcards
How do NEC 3 and 4 contracts differ?
Some terms have changed, employer becomes client, works information is scope, some changes to the program and the addition of ‘treated acceptance if the project manager does not respond, the Risk Register has been renamed the Early Warning Register. Contractors must submit applications for payment, rather than the project manager being obliged to assess if they don’t. The contract is now gender neutral as well. There is a 4 week period for escalating and resolving a dispute, before more formal proceedings take place
When would you use JCT/NEC?
I have used in a term service contract with a supplier, it just depends on the indivual preferences and knowledge as to which contract will be more suitable
Explain your understanding of different types of JCT contract.
Standard Form, Intermediate Building Contract, Minor Works Building Contract, Major Project Construction Contract, Design and Build Contract, Management Building Contract, Construction Management Contract, Measured Term Contract
How do NEC and JCT contracts differ?
As many will be aware,the JCT contract focuses on liabilities and risk in the manner of a traditional contract, whereas NEC requires and enables a more proactive and collaborative approach to managing the contract. Some of the way that costs are dealt with are different, some of the language is different such as Variations and Contract Extensions. The program is not a contractual document in the JCT but it is in the NEC and it will be regularly updated
When would you use the different contract types?
It will depend on the project and knowledge of experience of either party but in essence the JCT is more of a hands off contract, whilst the NEC is more collaborative so the choice could come down to the approach of the client. The JCT is written in much more legal text whilst the NEC uses simpler English. The JCT will also place more risk onto the contractor but the NEC is more of a partnering approach. With the partnering approach there is a bit of an assumption that the client is a bit more experienced, therefore if the client is new to construction the JCT might be better
