Dealing with unexpected problems — do contracts help? A comparison of the NEC and JCT 80 forms

This paper considers the impact that contractual procedures have upon the client's control system's ability to deal with unexpected problems. An analysis is made of the relevant procedures set out in the New Engineering Contract (NEC) and a comparison is made to those set out in the Standard Form of Building Contract 1980 Edition (JCT 80). The comparative analysis is based upon a model of problem solving which identifies four critical stages in the problem solving process. The objective of the paper is to identify the strengths and weaknesses of JCT 80 and NEC in relation to the stages of this model. The aim of the paper is to make some recommendations which could be incorporated into future contracts to improve problem solving effectiveness. This work is a continuation of a research project which is considering the communication and behavioural aspects of the problem solving process in construction projects.