Details

A Practical Guide to the NEC4 Engineering and Construction Contract


A Practical Guide to the NEC4 Engineering and Construction Contract


1. Aufl.

von: Michael Rowlinson

90,99 €

Verlag: Wiley-Blackwell
Format: EPUB
Veröffentl.: 11.10.2018
ISBN/EAN: 9781119522546
Sprache: englisch
Anzahl Seiten: 400

DRM-geschütztes eBook, Sie benötigen z.B. Adobe Digital Editions und eine Adobe ID zum Lesen.

Beschreibungen

Provides construction industry professionals with a practical and detailed guide to the NEC4 contract The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4.  Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the‘spirit of mutual trust’; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more.  A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract Provides detailed guidance on the use of the agreement, which is claimed to offer  increased flexibility, improved clarity and greater ease of use Written specifically for people actually using and administering the NEC contracts Features 3 appendixes covering tables of clause numbers, case law and statutes; employer’s, project manager’s, supervisor’s, contractor’s and adjudicator’s actions; and communication forms and their uses. First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.
1 Introduction 1 1.1 General 1 1.2 Mechanics not law 2 1.3 A simple formula for understanding a contract 3 1.4 Mandatory or discretionary 4 1.5 Conditions precedent 4 1.6 Note on use of uppercase in keywords and phrases 5 2 Background to the NECECC 7 2.1 The background: First edition 7 2.2 The second edition 8 2.3 The third edition 9 2.4 The third edition (reprinted) 9 2.5 The fourth edition 9 2.6 Endorsement of NEC3 by the Office of Government Commerce 10 2.7 Endorsement by the Development Bureau, HKSAR Government 11 2.8 General philosophy: Aims and objectives 12 2.9 Flexibility 12 2.10 Clarity and simplicity 13 2.11 Stimulus to good management 14 2.12 Other characteristics 15 3 The Options: An Overview 17 3.1 General arrangement of the ECC 17 3.2 Other documents referred to 19 3.3 Contract Data 20 3.4 The published documents 20 3.5 Main Options: General outline 21 4 SpiritofMutualTrustandCooperation 25 4.1 Introduction 25 4.2 The clauses 25 4.3 What does it mean? 27 4.4 Practical issues 28 5 TheCastofCharacters 33 5.1 Introduction 33 5.2 The Client 33 5.3 The Project Manager 35 5.4 The Supervisor 38 5.5 The Contractor 38 5.6 The Senior Representatives 39 5.7 The Adjudicator 40 5.8 The Tribunal 41 5.9 The Dispute Avoidance Board 41 5.10 Subcontractors 42 5.11 ‘Others’ 42 5.12 Named Suppliers 43 5.13 Designers 43 5.14 Principal Designer 44 5.15 Principal Contractor 45 5.16 Practical issues 45 6 Communications, EarlyWarnings and other GeneralMatters 47 6.1 Introduction 47 6.2 Communications:The clause 47 6.3 Communications: Practical issues 49 6.4 Early warnings: The clause 51 6.5 Early warnings: Practical issues 53 6.6 Other matters:The clauses 55 6.7 Other matters: Practical issues 59 7 TheContractor’sMainResponsibilities 61 7.1 Introduction 61 7.2 Providing theWorks 61 7.3 Contractor’s design 62 7.4 Information modelling 66 7.5 Other matters 68 7.6 Practical issues 72 8 Subcontracting 75 8.1 Introduction 75 8.2 Definition of a Subcontractor 75 8.3 The core clauses 76 8.4 Provisions in the Main Options 76 8.5 Practical issues 77 8.6 Options for forms of subcontract in the NEC4 family 78 9 QualityManagement 81 9.1 Introduction 81 9.2 Quality management system 81 9.3 Tests and inspections 82 9.4 What is a Defect? 84 9.5 The Defect procedure 84 9.6 The Defects Certificate 86 9.7 Uncorrected Defects 87 9.8 Practical issues 87 10 Title 91 10.1 Introduction 91 10.2 The core clauses 91 10.3 Practical issues 92 11 Liabilities and Insurance 95 11.1 Introduction 95 11.2 The core clauses 95 11.3 Secondary options 98 11.4 Practical issues 99 12 Time 101 12.1 Introduction 101 12.2 The programme: Contents 102 12.3 The programme: Submitting, accepting and revising 107 12.4 The programme: Practical issues 110 12.5 Starting and finishing 118 12.6 Other matters 121 12.7 Secondary Options related to Time 124 12.8 Practical issues 126 13 Payment 131 13.1 Introduction 131 13.2 The payment process 131 13.3 Payments in multiple currencies 134 13.4 Interim payments – The amount due and the Price for Work Done to Date 135 13.5 Supporting documents and records 145 13.6 Final assessment 148 13.7 The Contractor’s share 150 13.8 The Contractor’s share: Practical issues 152 13.9 Special provisions for the United Kingdom 153 13.10 Related Secondary Options 157 13.11 Practical issues 162 14 The Schedules of Cost Components 169 14.1 Introduction 169 14.2 The Schedule of Cost Components 169 14.3 The Short Schedule of Cost Components 174 14.4 Application to Subcontractors 175 14.5 Practical issues 176 15 Compensation Events:Theory and Events 179 15.1 Introduction 179 15.2 The theory 179 15.3 The events 181 15.4 Practical issues 196 16 Compensation Events: Procedures 199 16.1 Introduction 199 16.2 Notification by the Project Manager 200 16.3 Notification by the Contractor and the Project Manager’s reply 203 16.4 Other matters associated with notifying compensation events 206 16.5 Quotations: Substance 208 16.6 Quotations: Submission and reply 210 16.7 Assessments by the Project Manager 215 16.8 Proposed instructions 217 16.9 Implementing compensation events 218 16.10 Practical issues 219 17 Compensation Events: Assessment 227 17.1 Introduction 227 17.2 Changes to the Prices 228 17.3 Changes to the Completion Date and Any Key Dates 232 17.4 Project Manager’s assumptions 234 17.5 Other related matters 236 17.6 Practical issues 238 18 Termination 243 18.1 Introduction 243 18.2 Reasons for termination 243 18.3 Secondary Option X11 247 18.4 Implementing termination 248 18.5 Procedures after termination 248 18.6 Assessing the amount due after termination 250 18.7 Practical issues 252 19 Resolving and Avoiding Disputes 255 19.1 Introduction 255 19.2 Option W1 256 19.3 Option W2 261 19.4 Option W3 267 19.5 Practical issues 270 20 Secondary Options 273 20.1 Introduction 273 20.2 X2: Changes in the law 273 20.3 X4: Ultimate holding company guarantee 274 20.4 X12: Multiparty Collaboration 274 20.5 X13: Performance bond 279 20.6 X17: Low performance damages 280 20.7 X18: Limitation of liability 280 20.8 X20: Key Performance Indicators 281 20.9 X21:Whole Life Cost 282 20.10 X22: Early Contractor Involvement 283 20.11 Y(UK)3:The Contracts (Rights ofThird Parties) Act 1999 288 20.12 Z: Additional conditions of contract 288 20.13 Practical issues 289 21 Completing the Contract Data 291 21.1 Introduction 291 21.2 Purpose and form of the Contract Data 291 21.3 Contract Data Part One 292 21.4 Contract Data Part Two 304 21.5 Practical issues 309 22 The Supporting Documents: Need and Content 311 22.1 Introduction 311 22.2 Scope 312 22.3 Site Information 324 22.4 Practical issues 325 Bibliography 329 Appendix 1 Tables of Clause Numbers, Case Lawand Statutes 331 Appendix 2 Tables of Client’s, Project Manager’s, Supervisor’s, Contractor’s, Senior Representatives, Adjudicator’s, Dispute Avoidance Board and Tribunals Actions 341 Appendix 3 Tables of Communication Forms and Their Uses 379
MICHAEL ROWLINSON MSc, DipArb, MRICS, FCIOB, FCIArb, FCInstCES, is principal of Michael Rowlinson Associates Ltd. An experienced construction professional having qualified initially as a Chartered Quantity Surveyor and later as a Chartered Builder, Michael specialises in all aspects of contract drafting, contract management, contract administration, construction law, claims and dispute resolution. As part of his work Michael lectures extensively and has written many published articles and two books on the NEC3 family of contracts.
PROVIDES CONSTRUCTION INDUSTRY PROFESSIONALS WITH A PRACTICAL AND DETAILED GUIDE TO THE NEC4 CONTRACT The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This book covers the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4. Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the 'spirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more. A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract Provides detailed guidance on the use of the agreement, which is claimed to offer increased flexibility, improved clarity and greater ease of use Written specifically for people actually using and administering the NEC contracts Features 3 appendixes covering tables of clause numbers, case law and statutes; employer's, project manager's, supervisor's, contractor's and adjudicator's actions; and communication forms and their uses. First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.

Diese Produkte könnten Sie auch interessieren:

Barry's Advanced Construction of Buildings
Barry's Advanced Construction of Buildings
von: Stephen Emmitt
PDF ebook
33,99 €
Granular Geomaterials Dissipative Mechanics
Granular Geomaterials Dissipative Mechanics
von: Etienne Frossard
PDF ebook
119,99 €
Granular Geomaterials Dissipative Mechanics
Granular Geomaterials Dissipative Mechanics
von: Etienne Frossard
EPUB ebook
119,99 €