Papers published in Management, Procurement and Law are eligible for awards from the Institution of Civil Engineers. Papers from any of the ICE journals can be nominated for several awards. In addition, each journal has awards dedicated to their specific subject area.
On Friday 6 October 2017, ICE president Tim Broyd presented an award to the following paper published in Management, Procurement and Law in 2016. The editorial panel nominated their best papers and an awards committee chaired by Nigel Wright allocated the awards.
Parkman Medal
The Parkman Medal, awarded for the best paper on the practical aspects of the control or management, including project management, of the design and/or construction of a specific scheme, was awarded to Ndekugri (2016).
Abstract
Surveys show growing use of the third edition of the New Engineering Contract (NEC3) family of contracts. One of the reasons for project owners’ choice of the NEC3 Engineering and Construction Contract is the avoidance of the risk of claims and disputes long after project completion. In several cases not involving NEC3 contracts, UK courts have been presented with difficult questions concerning adjudication after project completion and delayed reference of adjudicated disputes to the applicable final tribunal. This paper critically examines these questions, the courts’ answers to them and their implications for the NEC3 family of contracts. It concludes that the drafters of future editions of the NEC3 Engineering and Construction Contract should consider provisions targeted at: ensuring that the test of awareness for the purposes of the clause 61.3 time-bar is on an objective basis; conclusive evidence clauses that impose a disincentive against seriously delayed challenges to assessment of compensation events and payment; and providing that the decision of an adjudicator becomes finally binding if the dispute decided is not referred to the tribunal within a stated period.
