Common NEC 4 Problems and their Solution

common issues in NEC4 contracts including defects management, claims disputes, and contract administration challenges

This seesion will include:

• Working in a spirit of mutual trust and co-operation – does this have any contractual teeth?
• What is the difference between an early warning notice and a notice of compensation event, and how should an early warning meeting be conducted?

• Who owns the float and time related risk allowances under NEC?
• How do I assess a compensation event when the last Accepted Programme is months old?
• If the Project Manager does not notify a compensation event at the time of an instruction, is the compensation event still assessed as a forecast from the date of instruction despite both parties knowing the cost and time effect?
• If the Contractor’s design was carried out in accordance with the design approved by the Project Manager, is the Contractor still liable if there is an error in such design?
• The Project Manager is treating cost as Disallowed Cost because we do not have turnstile records for staff; is this correct?
• Under Main Option A, is the Contractor entitled to be paid for materials stored on and/or off site?
• If an all risks insurance policy is in the joint names, can the Employer sue the Contractor for any loss that is not paid by the insurer?