Introduction
Welcome to our thirteenth annual NEC People Conference for 2025 in London which has evolved from our highly successful NEC People LinkedIn user group.
This year we are back at the Leonardo Royal Hotel London City and the theme for this years event focus is “Delivering Excellence”. Special thanks go to our lead sponsor K&L Gates and all of our other sponsors that allow this event to happen for the industry.
NEC People Conferences are intended to be for experienced users of NEC contracts to come together and network with fellow industry professionals and listen to engaging presentations in order or share and develop knowledge.
You can look at the highlights reel from London 2024 to get a flavour of the event and watch previous presentations in full.
Agenda
-
09:15
Introduction
An introduction to the day’s proceedings from the lead sponsor K&L Gates welcoming attendees to this year’s event. -
09:30
Lower Thames Crossing Project with National Highways
A look at how National Highways are utilising NEC contracts to manage this project and also, a look at how they are looking to drive carbon out of construction and how they’re incentivising the supply chain to come on the journey with them. -
10:10
Project 13 How Enterprise Delivery Models Enable Better Outcomes
How a shift away from transactional, cost-focused procurement and towards an enterprise-based approach with NEC that prioritises collaboration, long-term value, and improved outcomes for all stakeholders is supporting our sectors ambition to improve the resilience, efficiency, and sustainability of the nation’s infrastructure. -
10:40
Delivering Infrastructure for the 21st Century - the CECA view
A brief consideration of the challenges we as an industry face and our recommendation for the next government, including procurement, bonds, insurances and retention. -
11:35
What is the State of the UK Construction industry?
This session will take a look at some of the bigger challenges facing the industry and will consider elements such as: levels of insolvency, risk v reward profile of projects and contracts, root causes of industry problems, how can contractors avoid getting into big trouble and what happened to “quick fix” adjudication. -
12:05
Legal Challenges and Opportunities: NEC’s race to the future
Matt will highlight some of the broad array of pressing legal issues which K&L Gates is currently advising NEC clients in relation to, including: · NEC Silence on Delay Damages: A Legal Gap That Needs Addressing? · NEC Inflation: Does Contract’s Cost Mechanism Work in a Volatile Economy? · NEC and AI: Can Smart Contracts and Digital Decision-Making Change Construction Law? · NEC Disputes Are Still Ending Up in Court—Why? · How is X29 doing? · Building Safety Act in the context of NEC’s “applicable law” provisions. · Going nuclear – how is NEC being used for nuclear projects? -
12:45
NEC4: Taming Commercial Chaos
Ben explores the potential for commercial chaos and how to tame it. He'll look at the role of contract and records management in achieving project success. Ben explores the uptake of available cloud based solutions and how the data might be used. He considers to what extent, cloud-based systems are essential in achieving the culture, knowledge and discipline necessary to make modern contracts work. -
14:15
What’s the Snag with Defects?
Defects are a thorny issue for many people. Clients and their advisors complain of contractors’ poor workmanship, contractors complain that clients’ expectations are too high. Experience shows that defects are not managed well on many NEC contracts and that it’s an area of the contract is (a) misunderstood, (b) misapplied and (c) not proactively managed for the benefit of the parties. This talk will look at common problems with managing defects, examine in detail the defect provisions in NEC4 and offer practical advice for managing defects more effectively. -
14:50
Disallowed Costs in NEC4 Contracts: Avoiding the contractual and commercial pitfalls
This presentation will consider the implications of the disallowed cost provisions within cost reimbursable/target cost contracts, including: • what constitutes Disallowed Costs under NEC4 Contracts. • how to avoid common pitfalls that lead to Disallowed Costs. • strategies for protecting your commercial and contractual position when dealing with Disallowed Costs. • best practices to ensure compliance and minimise risk under NEC4 -
15:20
Mock Adjudication
This mock adjudication to explore the contractual/ practical answer to a series of issues that might occur on a project. After hearing a (brief) defence from both Client and Contractor, the audience gets to vote on the result of a series of mini-adjudications before the adjudicator makes their final judgement – which will obviously be very straight forward and may or may not agree with the audience’s decision!!! -
16:15
Z Clause of the Year Award
A brief consideration as to examples of ways contracts have been amended through Z clauses over the past year and if possible picking a winner as to the worst of all. -
16:30
Question Time Panel
Your chance to ask questions of the panel of experts about any of their presentations or any other aspect of NEC contracts generally.
NEC People Conference Sessions
Introduction
An introduction to the day’s proceedings from the lead sponsor K&L Gates welcoming attendees to this year’s event.
Lower Thames Crossing Project with National Highways
A look at how National Highways are utilising NEC contracts to manage this project and also, a look at how they are looking to drive carbon out of construction and how they’re incentivising the supply chain to come on the journey with them.
Project 13 How Enterprise Delivery Models Enable Better Outcomes
How a shift away from transactional, cost-focused procurement and towards an enterprise-based approach with NEC that prioritises collaboration, long-term value, and improved outcomes for all stakeholders is supporting our sectors ambition to improve the resilience, efficiency, and sustainability of the nation’s infrastructure.
Delivering Infrastructure for the 21st Century - the CECA view
A brief consideration of the challenges we as an industry face and our recommendation for the next government, including procurement, bonds, insurances and retention.
What is the State of the UK Construction industry?
This session will take a look at some of the bigger challenges facing the industry and will consider elements such as: levels of insolvency, risk v reward profile of projects and contracts, root causes of industry problems, how can contractors avoid getting into big trouble and what happened to “quick fix” adjudication.
Legal Challenges and Opportunities: NEC’s race to the future
Matt will highlight some of the broad array of pressing legal issues which K&L Gates is currently advising NEC clients in relation to, including: · NEC Silence on Delay Damages: A Legal Gap That Needs Addressing? · NEC Inflation: Does Contract’s Cost Mechanism Work in a Volatile Economy? · NEC and AI: Can Smart Contracts and Digital Decision-Making Change Construction Law? · NEC Disputes Are Still Ending Up in Court—Why? · How is X29 doing? · Building Safety Act in the context of NEC’s “applicable law” provisions. · Going nuclear – how is NEC being used for nuclear projects?
NEC4: Taming Commercial Chaos
Ben explores the potential for commercial chaos and how to tame it. He'll look at the role of contract and records management in achieving project success. Ben explores the uptake of available cloud based solutions and how the data might be used. He considers to what extent, cloud-based systems are essential in achieving the culture, knowledge and discipline necessary to make modern contracts work.
What’s the Snag with Defects?
Defects are a thorny issue for many people. Clients and their advisors complain of contractors’ poor workmanship, contractors complain that clients’ expectations are too high. Experience shows that defects are not managed well on many NEC contracts and that it’s an area of the contract is (a) misunderstood, (b) misapplied and (c) not proactively managed for the benefit of the parties. This talk will look at common problems with managing defects, examine in detail the defect provisions in NEC4 and offer practical advice for managing defects more effectively.
Disallowed Costs in NEC4 Contracts: Avoiding the contractual and commercial pitfalls
This presentation will consider the implications of the disallowed cost provisions within cost reimbursable/target cost contracts, including: • what constitutes Disallowed Costs under NEC4 Contracts. • how to avoid common pitfalls that lead to Disallowed Costs. • strategies for protecting your commercial and contractual position when dealing with Disallowed Costs. • best practices to ensure compliance and minimise risk under NEC4
Mock Adjudication
This mock adjudication to explore the contractual/ practical answer to a series of issues that might occur on a project. After hearing a (brief) defence from both Client and Contractor, the audience gets to vote on the result of a series of mini-adjudications before the adjudicator makes their final judgement – which will obviously be very straight forward and may or may not agree with the audience’s decision!!!
Z Clause of the Year Award
A brief consideration as to examples of ways contracts have been amended through Z clauses over the past year and if possible picking a winner as to the worst of all.
Question Time Panel
Your chance to ask questions of the panel of experts about any of their presentations or any other aspect of NEC contracts generally.
Speakers
Ben Walker
Widely respected for his extensive experience with contract management and digital transformation, Walker founded CEMAR in 2003 to help large-scale infrastructure projects manage New Engineering Contracts (NEC) and International Federation of Consulting Engineers (FIDIC) contracts. CEMAR proved instrumental in delivering iconic projects for National Highways, Nuclear New Build, ITER, Heathrow Airport, HS2, Network Rail, and the Nuclear Decommissioning Authority. Its rapid adoption across the industry led to its acquisition by Thinkproject in 2018.
Charles Edwards
Charles is a high performing Construction Barrister, Chartered Quantity Surveyor, Chartered Civil Engineering Surveyor and head of chambers at New Temple Chambers. Charles is a legal expert in Construction and Engineering Law and is sought after in large scale major and complex construction, engineering and infrastructure disputes.
Dale Evans
Chair of the Infrastructure Client Group (ICG), including Project 13: A New Delivery Model for Infrastructure. He has led a number of industry initiatives, including the ICE Alliancing Best Practice Report and Code of Practice (2016). Dale was formerly Managing Director of the Anglian Water alliance, responsible for overall management of the @one alliance and an Executive member of the @one Alliance Board. Prior to this Dale held a number of senior management roles in asset management, operations and in the development of international concession contracts. His career has included periods in the UK, US and New Zealand. Dale is a Fellow of the Institution of Civil Engineers, a Chartered Civil Engineer and an MBA.
David Allen
David Allen is a Chartered Civil Engineer with a background operationally in contracting across many sectors that include highways, rail, aviation, port & marine, telecom and general civil engineering . Delivering for both public and private sector clients. He also spent some time with a design consultant earlier in his career. David joined the Civil Engineering Contractors Association (Southern) Ltd as Executive Director in 2018 where has looked to create a window between the CECA members and the wider industry. He engages with industry and its influencers looking to both increase respective party awareness and to promote the value that collaborative working across these interfaces can bring to outcomes.
Dr Jon Broome
Dr Jon Broome has over twenty-five years involvement with the NEC family of contracts as an academic, author, trainer and consultant. As an academic, Jon studied under one of its two co-instigators gaining the world’s first PhD through applied research on its use.His finding was fed back into the second edition and third editions, for which his contributions were acknowledged. He has also led the development of the Professional Services Short Contract, in developing the concept and drafting the clauses.As an author, he has numerous articles and academic papers published, is the author of the highly praised book ‘NEC: A User’s Guide’ series of books (with the NEC4 version published last year) and, together with Glenn Hide, wrote the NEC3 eLearning Academy from Built Intelligence.As a trainer, he has delivered over 800 days of training around the world on all aspects of the contract.As a consultant, he prefers to be involved in the front end helping develop contract strategy, particularly for complex projects, from which he has written additional clauses, critiqued and developed the other contract clauses, helped run the selection process and then trained the team
Glenn Hide
Glenn Hide: Director of GMH Planning Ltd which for over 18 years has provided specialist training/consultancy and management resources to those working and administering under the NEC family of contracts. His engaging practical training style has led to a large proportion of the industry calling on GMH Planning for their NEC contract training. Glenn has presented on aspects of the contract at various national conferences and had published into the industry a number of articles. Glenn is the founder of the NEC People LinkedIn Group from which this annual conference has emerged which now has over 12,200 active users and by far the biggest discussion forum for NEC in the UK.
Kat Ferguson
Senior leader in infrastructure with experience delivering complex programmes across nuclear, transport, energy and commercial property. Currently the Supply Chain Development Director for the £9bn Lower Thames Crossing Programme, one of the largest road building projects in the UK for over 30 years, Katharina is responsible for delivering the projects sustainability ambitions of building UKs ‘greenest road’. Katharina is leading a team that actively intervenes in the development of the supply chain to deliver improvements in infrastructure delivery setting new standards for efficient, world leading low carbon construction, and leaving a legacy for the local region, the construction industry and the UK economy. A qualified Quantity Surveyor, Katharina’s background is within delivery of infrastructure programmes working both in the private and public sector, both as a client and in the supply chain. Katharina has extensive experience in senior commercial and procurement roles, managing complex stakeholder relationships, building organisational capabilities and delivering organisational change across major projects within nuclear decommissioning, energy infrastructure, offshore wind farms and commercial property.
Marie-Claude Hemming
Marie-Claude Hemming is an experienced communications and policy professional. Having started her career in public affairs consultancy, she moved to a policy role at the Federation of Small Businesses in 2009, before joining CECA National as Industry and Public Affairs Manager and undertaking a variety of roles in the business, before becoming Director of Operations in 2021. Marie-Claude is media relations and policy lead and has complete oversight of communications and public affairs work. Reporting at board level, she also supports the development of the corporate business plan alongside other operational duties.
Matthew Garrett
Matthew is a commercial director who has spent 30 years working in the UK engineering and construction industry. He is a chartered surveyor and fellow of the Chartered Institute of Arbitrators. He has enthusiasm for contract strategy and collaborative working. Current role is commercial director for Dalkia Engineering and previously worked for Costain in the delivery of UK infrastructure, and NG Bailey. Recently joined the steering group of the Conflict Avoidance Coalition. Matthew joined the NEC Panel in 2005 and now sits on the NEC4 Board.
Matthew Smith
Matthew Smith focuses on advising on UK and international transport, energy and infrastructure projects and disputes. He has more than 25 years’ experience in advising on construction and infrastructure projects and has acted for owners, contractors and consultants on many different disputes utilising many different forms of dispute resolution including litigation, arbitration, adjudication and mediation with values into the billions of pounds. Matthew also advises on procurement strategy and contractual arrangements for major infrastructure projects, particularly those utilising the NEC3 and NEC4 forms, FIDIC and bespoke EPC contracts. He has advised on structuring numerous complex and high value projects including light and heavy rail projects, complex systems signalling and special airport system projects, marine, nuclear, LNG, oil and gas refineries, roads, bridges, water, offshore wind farms and FPSOs, tunnelling and pipelines.
Neil Earnshaw
Neil is a quantity surveyor and project manager with over 30 years of experience in procuring and managing NEC contracts in the UK construction industry. He is a recognised expert in NEC contracts and as a trainer has delivered over 1,000 NEC Training courses, spoken at numerous national/international conferences, authored articles and had his work published. Neil’s article on key dates is cited in Dr Jon Broome’s NEC4: A User’s Guide which also includes a write-up of a workshop on collaborative working under NEC held at the NEC People Conference which he co-facilitated with Jon. Through his work across many sectors of industry over the years he has built up an extensive practical knowledge of the NEC contracts and how to set them up and manage them to improve the likelihood of successful outcomes from your projects and services.
Sponsors
Adjudicate
Yosof Ewing is the founder of Adjudicate, a dispute resolution service built specifically for specialist contractors in construction. After 30+ years in the industry, Yosof knows that adjudication has lost its way - hijacked by bad actors in the legal sector, so-called “independent” experts for hire, and outdated processes that often punish the very people adjudication was meant to protect. Adjudicate is here to put things right. Yosof leads with one clear goal: to restore adjudication as a fair, fast, and fact-based process that respects the truth, protects businesses, and helps all parties move forward with confidence. No legal games. No ego-driven posturing. Just strategic, specialist support when it matters most.Alongside Adjudicate, Yosof runs The Contract Coach®, an education and leadership platform that helps contractors build contract confidence and stay in control before disputes even arise. Together, these brands form part of Breadcrumb Group, his wider mission to reshape construction culture through justice, clarity and compassion. A long-term supporter of the NEC People Conference, Yosof brings a values-driven voice to the conversation, one grounded in lived experience, legal precision and a deep respect for those who build our world.
CECA
CECA represents civil engineering contractors building and maintaining the UK’s critical infrastructure networks in transport, energy, water, waste and communications. We stand up for the interests of over three hundred firms employing close to 250,000 people and delivering work worth around £15 billion every year. CECA is also a member of the Construction Leadership Council and we maintain close relationships with clients, government and the media to ensure that our members’ views are represented and their expertise is shared as widely as possible. CECA, in addition provides specialist training for its members, publishes a range of key publications, resources and guidance documents. Members also have access to a range of issue-specific briefings which alert members to impending changes in law and policy and to enable members to take action to deliver optimum outcomes for their businesses. CECA is a strong advocate for the Construction Playbook and for fairer and more accessible procurement processes. It has been actively working with the main political parties to promote the importance of infrastructure to the UK economy and need for a visible joined up strategy to efficiently and sustainably deliver and maintain it. CECA also played a key role in driving procurement reform via the Construction Playbook, the Procurement Act and the Cabinet Office (Mosey) Review of Frameworks
Digital Beehive
Digital Beehive has been at the forefront of digital transformation in the UK construction industry since we released CCM, the first cloud-based NEC Contract Change Management software, over 20 years ago. Now, we are proud to introduce our latest innovation Contract Bee, the next-gen SaaS solution that makes managing construction contracts easier, faster and more compliant than ever. With Contract Bee, you can manage an unlimited number of contracts and frameworks on any web-enabled device. You can also stay on top of your contracts with Live Actions Dashboard and Notifications. Contract Bee’s 360-Notes allow unparalleled and seamless collaboration and communication between all parties.
Gather Insights
Gather provides digital site reporting software, creating powerful data-led insights and structured commercial analysis to unlock productivity opportunities in the infrastructure sector and accelerate sustainable construction. By providing granular data insights into the who, what, where, when and why of projects, teams are able to identify risks and opportunities and intervene sooner to navigate challenges before they arise. By aligning data with industry standard methods of measurement, teams can make more informed commercial decisions with quantifiable evidence to drive proactive contract administration and supply chain collaboration.
GMH Planning - NEC Training
Since 2006 GMH Planning have provided specialist NEC training, consultancy and resources into organisations who are using the NEC form of contract. Clients who we have provided extensive training programmes to include HS2, CECA, Crossrail, Thames Tideway, London Underground, Heathrow, Parliament, many local authorities as well as to a majority of the main contractors and consultants working in the UK.We provide engaging practical training to delegates who attend our sessions which are run both in-house and as public sessions. We also provide joint training to project teams which allows both Parties to understand the key principles of the contract and their own contract data/Z clauses, allowing them to head off in the right direction in terms of understanding and how to practically follow the rules of the contract. In addition, we provide more general consultancy and advice to clients and contractors, in particular in terms of disputes and also understanding Z clauses on a specific project.The GMH Planning website offers a wealth of free information in the form of guidance material, published articles, downloadable documents and a regular blog, so please visit for more details at gmhplanning.co.uk
K&L Gates
K&L Gates LLP are one of the largest law firms in the world. Spanning five continents, we have more than 40 fully integrated offices located in key capital cities and world commercial and financial centres. We offer clients local market knowledge and access to both national and international capabilities. We foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. Our construction and infrastructure lawyers are global leaders in construction law. Their knowledge and understanding covers all aspects of a project’s life cycle, from the early stages of finance, development, and design through implementation, construction, and project close-out. Our lawyers draw upon their legal and technical experience to work with clients to minimize disputes and accomplish common project goals on a local, national, and international scale. With full-time, dedicated construction lawyers located in most major cities across the United States, Europe, the Middle East, Asia, and Australia, our firm has one of the largest and most geographically diverse construction law practices in the world. Our extensive global footprint allows us to service our clients’ needs on a multijurisdictional basis and provide insight into the local legal and cultural issues that commonly arise in particular jurisdictions.
Laminar
It’s painful to see the harm to industry confidence caused by poor planning, blind-sided decisions, and an absence of meaningful controls; Resource challenges, supply chain issues, and a lack of technological adaptation only add to the challenge. Powered by an energetic team of 180+ spanning 14 countries across Europe, North America, Middle East, & APAC, Laminar Projects is a project management consultancy doing things differently; We combine our first-hand construction, engineering, and project knowledge with our digital skills to manage complex projects right down to the details. With these ingredients, we deliver further give certainty and refreshing clarity to project, portfolio and enterprise decision-makers. Whilst streamlining the execution of controls on projects, we integrate the disciplines of realistic planning, cost control, contract administration, risk management, and 4D planning, with award-winning Data & Digital strategies to alleviate the pressures sustained by the most complex projects, giving peace of mind to those involved. Recognition such as the Project Controls Expo Consultancy of the Year further fuels our passion to continuously enhance the industry we love. Such is the desire to drive change that we invest 100% of our profits into software development, creating a suite of construction management applications that we hope will change our industry for the better, one project at a time. To find out more: www.shape.construction / www.laminarprojects.com
Oracle
Asset owners and project delivery teams rely on Oracle Construction and Engineering solutions for the visibility and control, connected supply chain, and data security needed to drive performance and mitigate risk across their processes, projects, and organization. Our scalable cloud construction management software solutions enable digital transformation for teams that plan, build, and operate critical assets, improving efficiency, collaboration, and change control across the project lifecycle. www.oracle.com/ construction-and-engineering.
Rimkus
Rimkus is a worldwide provider of engineering, technical, and construction consulting to corporations, insurance companies, law firms, and government agencies. Rimkus experts specialise in forensic consulting, dispute resolution and construction management services, solutions for the built environment, and human factors support for the consumer, industrial, and healthcare industries. For more than 40 years, the company’s professional engineers, architects, scientists, and technical specialists have been recognised for their commitment to service excellence by local, national, and international business communities. Rimkus operates more than 110 offices worldwide. For more information, visit http://www.rimkus.com
RPC UK
As Oracle Primavera specialists and members of the Oracle Partner Network, RPC offer the full end-to-end lifecycle for providing a Primavera solution, creating a holistic environment in which programmes and projects are routinely completed on time and within budget – and expected returns on investment are fully realised.Our innovative pre-built Oracle Unifier solutions enable clients to expedite the deployment of previously complex project controls solutions across a number of common business areas, including Contract Management and Earned Value.Deploying Oracle’s Unifier Accelerator with NEC4 Contract Management delivers not only a comprehensive system for managing and controlling your NEC4 Contracts, but direct links to Cost Management, Scheduling via P6 and the reporting capabilities that this offers, creating what we believe to be the most powerful and fully integrated projects control platform available.RPC is proud to be 100% employee owned, guaranteeing our customers the highest level of service and commitment from every single member of the team, providing:• World-leading Oracle Primavera EPPM software products • Oracle Specialized Primavera product implementation, integration and reporting consultancy expertise • Oracle Primavera application support • Oracle Primavera product education and training • Oracle SaaS and cloud hostingGet in touch to find out how we can help you to transform your project controls.
Thinkproject
Thinkproject creates technology solutions for the Architecture, Engineering, Construction and Operations (AECO) sector that unlock the potential of data seamlessly across the entire asset lifecycle. We drive progress in the industry by accelerating collaboration and innovation, creating a gold standard for industry digitalisation. Our engineering and software experts combine their real-world experience with the power of our platform to give customers digital solutions that allow teams to collaborate and gain a competitive edge. Since 2000, we have helped our customers deliver more than 75,000 projects, achieving the fastest payback period in the sector. Thinkproject also allow/make contract management easy with CEMAR, the leading contract administration tool from Thinkproject. With CEMAR, you can simplify the management of sophisticated contracts and reduce your commercial risk through contract compliance.