The New Engineering Contract: principles of design and risk allocation

The paper begins with a brief history of the New Engineering Contract (NEC) and outlines the response by the NEC Panel to the proposals made in the Latham Report. The main principles adopted for the design of the contract are described and the main procedures which are used to implement the design principles are outlined. Emphasis is given to the way in which the procedures are intended to stimulate good management of contracts. The final section of the paper deals with risk allocation and management in NEC. The way in which the choice of contract strategy influences risk allocation is considered first and this is followed by a discussion of the principles used for the detailed allocation of risks in NEC. Risks which are carried by the employer are described and assessed through a novel procedure in NEC.