In this article we review the Key Date provisions in the NEC3 and NEC4 Engineering and Construction Contract (ECC) and take an in-depth look at when and how they should be used, and issues around how the clauses may (and have) been interpreted differently by contracting parties. For the purpose of this article we have used clause references and terminology from the NEC4 ECC however the Key Date provisions were not changed from the NEC3 ECC and as such our commentary applies to both contracts.
At this year’s Built Intelligence NEC People Conference Neil Earnshaw of NE Consult facilitated a break-out session with leading NEC lawyer Rob Horne of Osborne Clarke.
The session was attended by around 60 senior industry figures representing clients, consultants, contractors and lawyers.
The session was about resolving disputes and how to practically manage them on NEC projects and in particular focussed on adjudication, dispute avoidance boards and alternative methods of dispute resolution.
On 24 November 2017, the CIOB Leeds Hub and the event sponsors, Galliford Try and G4C, brought together four distinguished professionals with a wealth of experience in many sectors of the construction industry and from differing perspectives to provide a 360‐degree review of the NEC Contract.
This article, written by Neil Earnshaw, was published in the January 2011 Facilities Management magazine. Neil Earnshaw explains how facilities managers can use the NEC3 Term Service Contract to incentivise their service providers, raise performance levels and cut costs.
“I cannot recommend Neil Earnshaw highly enough in relation to the assistance and instruction he provided in the drafting of this documentation. If you have the scope to procure Neil’s services, you will find him a very useful asset to have at your side.”
Great tutor, really personable and engaging.
“Neil is proud of his consultancy firm and takes pride in everything he produces. Neil sets himself and the team he is working with very high standards, he continually exceeds expectations. I have worked and known Neil for over 2 years and would highly recommend him. I am delighted to provide this recommendation for Neil.”
“I have worked with Neil for over 2 years as he has guided Lincs County Council through the process of setting up and establishing a new NEC3 Term Service Contract withVINCIMouchel. Mentoring the team through a complex period of change, Neil has a knack of breaking down the barriers with common sense, contractually sound solutions.…
“NE Consult were extremely knowledgeable and proficient in supporting us in renegotiating one of our NEC3 Term Service Contracts.”
“Great subject knowledge in both theory and practical, real world context, thanks!”