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SLIDES: NEC People Conference – Leeds 2023

Following our successful northern NEC People Conference held recently in Leeds, we are pleased to share the slides of the main presentations that were delivered on the day. Below is a summary of the presentations and a download link to access them as a PDF.

People at the NEC People Conference in Leeds Nov 2023
People at the NEC People Conference in Leeds Nov 2023

30 years of NEC in Yorkshire (Donna Kingett / Paul Ellis / Josh Clarke)

Yorkshire Water were an early adopter of the New Engineering Contract, they trialled the pilot edition and provided feedback on it before it was published in 1993. They’ve never looked back and continue to innovate and improve how they implement NEC contracts across their capital and maintenance programmes. With their long-term partner, Mott MacDonald Bentley, they will discuss their journey with NEC and each other.

Legal review of Engineering and Construction Contract (Phil Morrison)

The NEC4 ECC is a unique form of contract, so the law has had to adapt as to how it is interpreted and used. This presentation will look at how the courts’ views have evolved in their treatment of the ECC. It will include a review of the latest legal developments and how they affect the use of the key clauses and processes, including early warning, programme, defects, payment, communications, compensation events, dispute avoidance, and termination. It will also review some of the key topics including the tricky legal parts of NEC4, and what the seasoned NEC practitioner should consider when drafting, negotiating, and using the contract to ensure Clients can meet their obligations.

I’m in two minds about the role of project manager (Damian Wilkinson)

The role of the Project Manager is pivotal to the effective operation of the NEC4 ECC, however performing the role requires the Project Manager to wear two hats, one as Client’s agent and one as an independent certifier. This presentation will look at the Project Manager’s role from a legal and contractual point of view, discuss common issues encountered by practitioners, and suggest solutions.

Concurrent delay and NEC ECC (Tom Oakden)

Programme management is a key feature of the NEC ECC and part of the NEC objective of stimulating good management. Concurrent delay is where two or more events delay a project, at least one of which the Client is responsible and at least one of which the Contractor is responsible. The usual mantra is that the Contractor gets an EOT but no money. Definitions of what concurrent delay is differ enormously and the big question is does this mantra apply to NEC / ECC contracts anyway? This presentation will look at how the Courts and delay analysts view concurrency and suggests some practical ways of addressing these thorny issues under NEC ECC.

Myths, misconceptions and misunderstandings around NEC4 contracts (Glenn Hide)

This presentation considers common issues and misconceptions that are still occurring on projects and how they can be better understood and managed for the benefit of contracting parties and the industry.