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The NEC – formerly the New Engineering Contract – is a family of modern contracts drafted for simplicity and flexibility and to be a stimulus to good management (www.neccontract.com). There are contracts for work supply, physical services and professional services. They are used extensively in the UK and South Africa, to an extent in New Zealand and are being trialled by the Hong Kong Government. Some international financing institutions are now considering the use of NEC rather than the Federation International des Ingenieurs-Conseils contracts that they have traditionally used. This article considers NEC for design, build and operate contracts and then reviews the potential to use NEC as the basis for the design, build, finance and operate contracts that are at the centre of the project finance deals used worldwide in public–private partnership projects.

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