NEC contracts provide an excellent basis to encourage and support risk management through all stages of any project or service provision. Partly because they are good for risk management, NEC contracts have anecdotally helped avoid disputes. After more than 12 years of use for possibly billions of pounds worth of work in probably tens of thousands of projects in more than 20 countries there remains only one piece of case law relating to the use of the NEC. The aim of this paper is to explain how NEC contracts can be used to reflect the particular risk allocation intended by the parties to the contract through the use of the options within the contract. It then explains the key tools and processes in the contract for the ongoing management of risk, including the NEC’s ‘Risk Register’ and the allocation of risk in quotations for the effects of events at the client’s risk.
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November 2009
Research Article|
November 01 2009
Using NEC contracts to manage risk and avoid disputes Available to Purchase
R. Patterson, MBA, CEng, MICE
R. Patterson, MBA, CEng, MICE
Procurement and NEC Specialist
Mott MacDonald
UK
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Publisher: Emerald Publishing
Received:
October 19 2008
Accepted:
June 02 2009
Online ISSN: 1751-4312
Print ISSN: 1751-4304
© 2009 Thomas Telford Ltd
2009
Proceedings of the Institution of Civil Engineers - Management, Procurement and Law (2009) 162 (4): 157–167.
Article history
Received:
October 19 2008
Accepted:
June 02 2009
Citation
Patterson R (2009), "Using NEC contracts to manage risk and avoid disputes". Proceedings of the Institution of Civil Engineers - Management, Procurement and Law, Vol. 162 No. 4 pp. 157–167, doi: https://doi.org/10.1680/mpal.2009.162.4.157
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