Our new series of blogs: standard form contracts explained

January 17th 2023

A perennial problem with the NEC4 engineering and construction contract (ECC) is the requirement for the works programme to be continually updated by the contractor and approved by the project manager. While the principle of updated programmes is difficult to challenge, in practice it is administratively burdensome. The programme provisions (and sometimes failure to comply with them) seems to be a frequent source of concern and can be seriously problematic for NEC users.

We are regularly asked questions about the programme provisions in NEC4. These include questions like when do programmes need to be provided, or what happens if there is no Accepted Programme?

Whilst it might be expected answering questions of this kind would be straightforward, even with a detailed knowledge of the contract, a degree of hunting through the contract is required.

In view of this, we thought we would demystify the NEC4 ECC contract’s programme terms through a new short series of bitesize educational blogs we are calling ‘Standard form contracts explained’.

In partnership with Forum Chambers, we will be publishing a series of articles jointly authored by our Director, Warren Berwick, and Barrister at Forum Chambers, Philip Currie, providing practical insight into the various mechanisms in standard form contracts, to help businesses navigate the complexities involved in administering those contracts.

The topics we will be covering include:

  1. When is the contractor required to issue a programme or revised programme under NEC4?
  2. Which information is required in a programme issued for acceptance under NEC4?
  3. How does a programme become an Accepted Programme under NEC4?
  4. How is an Accepted Programme used under NEC4?
  5. How is a compensation event assessed under NEC4 when the Accepted Programme is out-of-date?
  6. How is a compensation event assessed under NEC4 when there is no Accepted Programme?

Look out for the first article in the series, which is coming soon.

If you need any further information or specific advice, please contact us.

Warren Berwick

warren.berwick@berwick-law.com

07825 171 925