adopts ECC as standard contract

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					     the new                                          USERS’ GROUP


                                                     newsletter
                                                                                                              I S S U E     N o . 1 9 • O C T O B E R         2 0 0 1




     engineering
     contract




Environment Agency
adopts ECC as standard contract
by Gordon Heald, Environment Agency
The Environment Agency has announced it is com-      conditions and also for those that arise as a
mitted to using the NEC for procuring all its £110   result of bad weather or storms.
million per annum capital works programme and
has opted for the Engineering and Construction       Packaging gets contractors involved
Contract with main option C (target contract with    earlier
activity schedule) as its standard form.                The other significant change for the
   The majority of Environment Agency’s projects     Environment Agency is to package works which
are adjacent to rivers or coasts and constitute      would otherwise have been subject to separate
high physical risk construction areas.               contracts due to their location or the availability
Traditionally these have led to debate and           of funding in different financial years.
claims, such as for unforeseen ground conditions        Packaging allows the contractor to be selected
                                                                                                             ECC option C is being used to procure £4.1million of
and stormy weather.                                  at an earlier stage, for the majority of works,         flood protection works at Northampton (page 2).
   The Agency believes that using the ECC with       than would otherwise have been the case on a
main option C as its standard contract encour-       contract-by-contract basis. The contractor’s           appropriate form of contract both help to ensure
ages competitive pricing from contractors as         expertise can be brought on board early and its        partnering is successful.
they can avoid allowing for the significant risks    advice obtained on the buildability of the con-           There has been significant success in applying
involved, except as far as they can be quantified.   sultant’s designs.                                     the approach to both fluvial and coastal projects
The Agency has taken the view that it is better         The other benefit of packaging is that target       (see page 2 for details of two current projects in
to share the risks of unforeseen and unknown         costs can then be built up with more certainty         the fluvial flood defence capital programme). It
                                                     and more competitive values than would other-          is difficult at this early stage to quantify savings
                                                     wise have been the case, had targets been              that have been made through the construction
                                                     required to be fixed for the whole of the works        process. However, when taking bottom-line sav-
    C O N T E N T S                                  at the outset.                                         ings for the projects as a whole, it is clear that
                                                        Packaging also enables the contractor to take       savings are already in excess of 10%.
  Northampton flood protection works        2        a longer-term view of its resourcing of the pro-          The Environment Agency has other objectives
                                                     ject. This allows it to build in efficiencies and to   in its project work. These are to protect and
  Cambridge University software trial       3        develop a team conversant with the require-            enhance the environment and to use sustain-
                                                     ments of the Agency.                                   able construction techniques. All these fea-
  NEC website now one-stop shop             4
                                                                                                            tures are more easily brought on board using
  ICES survey results                       6        Partnering now the norm                                longer-term arrangements with contractors and
                                                       With all Environment Agency civil engineering        using the NEC.
  Compensation events – a review            7        contracts, partnering is now the norm. The                For more information, the author can be
  NEC Diary                                 8        longer-term arrangements encouraged through            contacted on +44 (0)17 3337 1811 or at
                                                     packaging and the use of the NEC as a more             gordon.heald@environment-agency.gov.uk q


NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001                                                                                                                      1
Protecting Northam
from the Nene
by Gordon Heald, Environment Agency

The Environment Agency has adopted the NEC                  include channel habitat improvements in the form           contracts in order effectively to manage the
Engineering and Construction Contract with                  of riffles and pools at Castle Inn.                        annual budget of the Agency.
main option C (target cost with activity sched-
ule) to procure £5 million of fluvial protection            Working in 17 distinct areas                               Option C facilitates buildability
projects around Northamptonshire.                              There are 17 distinct reaches of the river Nene         checks
   The £4.1 million Northampton flood defence               and great care is being taken to plan the works               The approach that is being taken is novel in
project, on which work started in September                 effectively, carry them out efficiently and min-           that a package of all the work in Northampton
2000, was instigated by the Environment                     imise disturbance and inconvenience to the                 spread over three years has been included in the
Agency’s Anglian region as a result of the exten-           local environment and community. This                      one contract. At the outset only a small part of
sive flooding experienced in the town during                approach is ensuring the ongoing success of the            the works had been fully designed and the con-
Easter 1998. Approximately 1,200 residential                project which, by its very nature and location, is         tractor is required, as part of its duties, to pro-
and 300 commercial properties were flooded by               logistically complex and of significant flood-             vide design expertise to ensure buildability and
the river Nene and sadly two people lost their              defence importance.                                        to seek savings through value engineering.
lives.                                                         The works are being carried out using the NEC           Both of these are facilitated by NEC option C.
   Due for completion in 2003, the works involve            Engineering and Construction Contract with                    By using the open-book approach and option
improving the flood defences in Northampton to a            main option C (target contract with activity               C, the target cost for the contract is adjusted
1-in-200 year flood protection standard. It                 schedule), employing a successful partnering               when the design is fixed for each new section.
involves construction of floodwalls, piled retain-          approach between the Environment Agency as                 The target must be based on the accepted ten-
ing walls, flood embankments, channel re-grading            client, designer Halcrow UK and contractor Birse           der. A pain share / gain share arrangement is
and widening, landscaping and miscellaneous                 Construction Ltd. In the past works such as this           also in place.
associated works. Environmental enhancements                would have been broken into a series of annual                The project has a very high profile and, as
                                                                                                                       such, public relations and consultation are key
                                                                                                                       issues. These are being addressed effectively
                                                                                                                       and successfully with the aid of exhibitions,
                                                                                                                       brochures, press releases, public meetings and
                                                                                                                       individual contacts.
                                                                                                                          As it is considered to be essential to present
                                                                                                                       the ‘personal face’ of the Agency and to involve
                                                                                                                       the local community, brick workshops are being
                                                                                                                       held at local primary schools, during which the
                                                                                                                       children are able to add their own designs to
                                                                                                                       individual bricks to be built into the floodwalls.




                                                                                                                        Lakes Lane in Newport Pagnell was inundated by the
Over 1500 Northampton properties were flooded in Easter 1998 – the ECC option C is being used to procure £4.1million    Great Ouse in the 1998 floods – the ECC option C procured
of flood protection works.                                                                                              protection works include a 400 m long embankment




 2                                                                                                                     NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001
pton                                              University of
                                                  Cambridge
                                                  pilots ECC management
 Similar approach in Newport Pagnell
                                                  software                                                         by Robin Wilkin, Needlemans MPS
    A similar procurement approach has been
 adopted at Newport Pagnell in                    The University of Cambridge is trialling a new pay-         Software only paid for when used
 Buckinghamshire, around 20 km to the south       as-you-go software system designed to make it                  The advantages of running the programme as a
 east of Northampton. The town also suffered      easier for its project managers and contractors to          ‘managed service’ via the internet are that the
 serious flooding in 1998, during which 80        use the NEC Engineering and Construction Contract           software does not need to be installed or config-
                                                  (ECC).                                                      ured on any of the project team members’ com-
 properties – mainly in Lakes Lane – were inun-
                                                     The University is piloting the new ‘Contract             puters and that it is paid for as it is used.
 dated. The overtopping of the Great Ouse and     Change Management’ (CCM) system from                           David Adamson, director of the university’s
 Ousel rivers, which converge in the middle of    Needlemans MPS on phase 2 of its Centre for                 Estate Management and Building Service, believes
 the town, was calculated to be a 1-in-40-year    Mathematical Sciences.                                      that the managed service arrangement will ensure
 event.                                              The project involves construction of three new           ease of operation and provide ready access to
    The Environment Agency’s Anglian Region       maths pavilions at the university’s Clarkson road           performance information. ‘I look forward to see-
                                                  site totalling 5740 m2. Contractor Laing started            ing how CCM operates,’ he says.
 subsequently promoted an £0.8 million flood
                                                  on the £13.8 million ECC-procured project in April             The university is progressively introducing the
 alleviation scheme, which received govern-       this year and is due to complete the work in                ECC to its construction and refurbishment pro-
 ment approval in March 2001. When completed      December 2002. Project manager is Davis Langdon             jects. According to Mr Adamson: ‘I am deter-
 in December this year the scheme should pro-     & Everest.                                                  mined to seek effective and imaginative ways to
 vide flood protection to 300 properties in the      The software application, which is designed to           deliver our capital and maintenance programmes.
 town against a 50-year flood.                    provide support for the change management and               Implementation of new contracts such as the NEC
                                                  control processes associated with using the ECC,            suite of contracts is a key part of our targeted
                                                  can be accessed via the internet from anywhere at           improvements.’
 Creating a 400 m long embankment                 any time using a standard web browser. Data pro-               For further information, the author can be con-
    The project includes building an earth        cessing is performed off site by Xaman plc, a spe-          tacted on +44 (0)17 6324 8579 or
 embankment 400 m long and 2 m high with an       cialist application hosting firm.                           robinwilkin@needlemans.com q
 impermeable barrier below ground in the
 Kickles Farm area. The embankment is to pro-
 tect Lakes Lane against flooding from the
 Great Ouse. A combination of flood walls and
 embankments will provide protection against
 flooding from the Ousel to adjacent low-lying
 areas of the town.
    The works are again being carried out using
 the ECC with option C employing a partnering
 approach between the Environment Agency,
 designer Halcrow UK and contractor Edmund
 Nuttall Ltd.
    The Newport Pagnell scheme is included in a
 package of works involving three other pro-
 jects at Leighton Buzzard, Weedon and
 Kislingbury, programmed over the next three
 years. These projects are at varying stages of
 development, ranging from feasibility to out-
 line design.
    For further information please contact
 Gordon Heald, Environment Agency on +44
 (0)17 3337 1811 or at gordon.heald@environ-       Phase 2 of The University of Cambridge’s Centre for Mathematical Sciences is being procured under the ECC supported
 ment-agency.gov.uk q                              by new web-based software (photo: Louise Hall).




 NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001                                                                                                                          3
NEC website relaunched
‘one-stop shop’
by Rekha Thawrani, NEC manager
The NEC website at www.newengineeringcon-          current and recently completed projects that used      share their problems and solutions to everyone’s
tract.com was relaunched this month as a com-      NEC forms – ranging in value from £100,000 to          benefit, and details are provided of the NEC Users’
plete ‘one-stop shop’ for existing and would-be    £500 million (see list). The projects are search-      Group helpline and other membership benefits.
users of the NEC suite of contracts.               able by contract form, region and value and the          For further information or to provide feedback
   The extensively redesigned site provides full   intention is to continue to add current and            on the website, the author can be contacted at
details of all NEC-related products and services   recently completed projects on a regular basis.        +44 (0)20 7665 2446 or
available from the NEC Users’ Group and NEC           Users can order and pay for all NEC contract doc-   rekha.thawrani@thomastelford.com q
publisher Thomas Telford in addition to free       uments on the site including associated guidance
downloads and a new project database.              notes and flow charts. A demonstration version of
   Free downloads include                          the NECD (from November 2001), option X12, con-
                                                   tract FAQs and all ECC amendments are made avail-
q a demonstration version of the NECD              able for free download.
q Users’ Group newsletters dating back to April       The range of books about the NEC published
     2000                                          by Thomas Telford Publishing are also available
q Option X12 (the recently launched partner-       for ordering on-line and details of all forthcom-
     ing option)                                   ing training courses provided by Thomas Telford
q ECC ammendments and contract FAQs.               Training are included on the site, together with
                                                   the consultancy services available from the NEC
  The site also includes a new on-line project     Users’ Group.
database, which initially features details of 50      An open discussion forum enables users to


                                                                  The NEC website has been
                                                                  extensively redesigned to
                                                                  provide a one-stop-shop
                                                                  for NEC users




                    Entry for the Channel                                                                  Recent forum discussion on the NEC website concerning
               Tunnel Rail Link in the new                                                                 the weather clause
                 on-line project database



 4                                                                                                        NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001
as                                                               TTT increases
                                                                 choice and flexibility
 The first 50 projects on the NEC on-line project database
 range from £100,000 to £500 million
                                                                 of NEC training    by Karen Clements, Thomas Telford Training
Project                              NEC contract value:
                                               £ million
A131, Great Leighs bypass                                17.7
A6 Great Glen bypass                                     12.5
A6002 Coventry Lane improvement, Nottingham               3.3
Baglan Energy Park - phase 2
Bank underground station, London
                                                           7.8
                                                         10.3                              Thomas TelfordTraining
Boscobel House, London                                       2
Bristol waste-water treatment works, Avonmouth           15.9
Manchester East ATE and Hackthorpe TE
Burgh Yard Marine Drive, Monifieth
Burnside Road combined sewage outfall, Invergowrie
                                                          0.3
                                                          0.8
                                                          0.6
                                                                               Member No: 00002396
Burry Port harbour improvements
Cardiff East waste-water treatment works
Channel Tunnel Rail Link - section 1
Chartwell House, Southend-on-Sea
                                                          2.5
                                                          180
                                                          500
                                                          0.7
                                                                                Learning Card
Coalsgarth filtration services
Combined capital works project 2, North of England
                                                          1.5
                                                         16.3
                                                                               Exp: 11/02                                      Mr T. Telford
Combined sewer overflow procurement strategy               22                 Thomas Telford Training’s new Learning Card enables the holder to attend any
                                                                              five NEC courses at a single, discounted price.
Covered way 12 strengthening works, London                  10
Dust handling plant, Kendal Power Station,
South Africa                                              0.1
Earth Centre trans-Pennine trail                          0.1
                                                                 ICE training subsidiary Thomas Telford               ment – which is now an obligatory mem-
Eden Project, Cornwall                                   59.8    Training (TTT) has made access easier to             bership requirement by many profession-
Failsafe disinfection, Yorkshire                          1.5
                                                                 its wide range of NEC-related courses by             al institutions.
Fed Ex, Stansted Airport                                   33
Felindre water treatment works                           17.6    establishing additional venues in the UK                The personalised ‘Learning Card’ is
Gowerton waste-water treatment works                      1.7
                                                                 and introducing a five-day discount card.            valid for a one-year period and allows
Hungerford Bridge, London                                39.5
Huntingdon Heat Exchangers                                2.6       The division has added two further                the holder to attend any five days of TTT
Lexham Gardens boundary wall replacement, London          0.1    venues in Scotland and two new ones in               training at a single, discounted price. As
London Underground District Line:
underbridge corrosion investigation                       0.3    Ireland. The first NEC course in Ireland             well as saving on training, the Learning
M1 junction 39-40 major maintenance, Wakefield            2.8
M4 Hambrook Bridges                                       0.6
                                                                 was in Belfast on 9 October. It was                  Card also entitles holders to a 15% dis-
M54 junction 6 to 7                                       3.6    attended by delegates from all across                count on eligible books published by
Mancunian Way, Manchester                                 0.3
                                                                 Ulster - and one particularly keen dele-             Thomas Telford – recent titles include
Newport sewerage and Nash waste-water
treatment works                                            90    gate who flew in especially from Dubai!              NEC and partnering: the guide to build-
Oakengates                                                0.4
Otopeni Airport, Bucharest                                3.5       The present portfolio of NEC-related              ing winning teams by Andrew Baird and
Paddington Lawn ticket hall upgrade, London                 2    courses runs until March next year (see              John Bennett and The New Engineering
Parkeston pumping station, Harwich International port     0.5
Pendle Water flood alleviation scheme,                           Events listing on page 8) and the divi-              Contract: A legal commentary by Arthur
Lomeshaye, Nelson                                         1.5
                                                                 sion is already well into the planning               McInnis.
Peterstow to Gilwern pipeline                              13
Putney railway bridge, London                              10    stages for the rest of 2002. Further                    For more details of NEC public course
Queen Square restoration (phases I-IV), Bristol           2.4    details will be announced in the next                dates, please visit the NEC ‘One Stop
RAF Lyneham                                               2.5
River Witham phases 1 and 2                               0.8    issue of the newsletter.                             Shop’ at
Stourbridge locks phase 2                                 0.3       TTT has also recently launched a new              www.newengineeringcontract.com or
Thermal insulation and scaffolding site maintenance,
Kendal Power Station, South Africa                       0.1     initiative designed to make it easier and            contact Diane Lewis on +44 (0)20 7665
South West CSOs                                          137
Valley distribution improvements, Belfast                6.2
                                                                 cheaper for professionals to undertake               2457 or
Wallsend Metro embankment remedial works                 0.1     their continuing professional develop-               diane.lewis@thomastelford.com.
Waterloo & City Line underground stations at Waterloo,
London                                                    0.7




                                                                                                                                                               5
NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001
          members
ICESECC improvement areas
highlight
                                                       q difficulty in understanding what is required                      ies, but this was often complimented by further
                                                         by ‘contractor’s tender information’                              suggestions that were seen as being topics caus-
                                                       q additional staffing needed to administer the                      ing potential problems for the individual.
                                                         contract properly.                                                Problematic topics included the following

                                                          The over-riding problem area appeared to                         q    insurances
                                                       revolve around compensation events, a topic                         q    valuation of compensation events
                                                       which needs to be assessed by the drafting                          q    dispute procedures
                                                       panel in considerable detail.                                       q    duties of the project manager
                                                          Matters were complicated by the fact that                        q    site administration
                                                       many responses to individual questions were                         q    partnering and the ECC
by David Wallace, ICES                                 qualified, so the ICES was faced with the dilem-                    q    actual cost
                                                       ma of having to decide whether a qualified ‘yes’                    q    programming/scheduling obligations
Earlier this year the Institution of Civil             actually meant ‘no’, and vice versa. The ques-                      q    delays and time
Engineering Surveyors’ (ICES) commercial man-          tionnaire made no provision for a ‘maybe’, so                       q    assessing costs
agement practices committee sent out a ques-           many answers were modified in the analysis.                         q    early warning meetings.
tionnaire to ICES members to see if the NEC
Engineering and Construction Contract (ECC)            Need for more case studies identified                                  A detailed review of all comments received has
was fulfilling its stated aims and objectives             The response to question 12 concerning fur-                      been undertaken by ICES commercial manage-
(Issue 15).                                            ther coverage in the ICES journal was straight-                     ment practices committee member Alan Bates of
   The response was unprecedented for the ICES,        forward. If the answer was ‘yes’ respondents                        Carrillion. It is hoped that this will be published
not only in the number of completed question-          were asked to list topics they would like to see.                   in a future issue of the newsletter.
naires that were returned (158), but also in           The list of topics could be placed into two cate-                      For further information, the author can be
respect of the number of replies that expressed        gories – general and problematic, the latter                        contacted via Darrell Smart, editor of ICES publi-
individual comments regarding the ECC.                 being dictated by the nature of the suggested                       cations, on +44 (0) 16 1972 3117 or
   It became apparent as questionnaires came in        topic.                                                              editor@ices.org.uk. Based on an article in Civil
that many aspects of the ECC were causing con-            The most common topic was simply case stud-                      Engineering Surveyor, July/August 2001. q
cerns among those using it. The table sum-
marises only the direct responses to each of the
12 questions – it should be noted that 18% of
the respondents had no experience of the ECC.           Summary of yes/no answers to ICES questionnaire show strong but not universal support for the ECC among users
While the statistics clearly favour the contract, it    Question                                                                  Percentage of direct answers to each question
is perhaps the comments received that more                                                                                                                         Yes       No
accurately reflect the concerns of people working
                                                        1. Do you consider the ECC to be a progressive form of contract?                                              91%   9%
with the form on a daily basis.
                                                        2. Do you feel that it adequately reflects current and future contracting needs?                              71%   29%
Compensation events seen as main                        3. Do you feel that the ECC clearly defines the obligations of the parties?                                   65%   35%
problem
   The comments were catalogued and evaluated           4. Do you feel that the document adequately and fairly represents the contractual interests of the parties?   78%   22%
in detail over the months following final receipt       5. In your experience have early warning meetings been extensively and consistently used?                     25%   75%
of all the questionnaires. While the majority
found it to be a progressive document, the fol-         6. Do you consider it to be a document that could easily be adapted to support a partnering agreement?        82%   18%

lowing concerns are typical                             7. Are you in favour of partnering agreements?                                                                87%   13%

                                                        8. Given the choice would you use the ECC as opposed to one of the more traditional forms of contract?        69%   31%
q lack of trust between the parties who were
  more familiar with the more traditional,              9. Have you experienced difficulties using compensation events and/or ‘actual costs’ under the ECC?           59%   41%
  adversarial type contract                             10. Do you feel that the document provides adequate remedies to resolve disputes during
q easier being confrontational                              the contract period?                                                                                      77%   23%
q inadequate approach to variations and other           11. Are sub-contractors happy to use the ECC Subcontract form?                                                60%   40%
  major factors due to poor drafting - several
  members even suggested that it causes more            12. Do you feel it would be beneficial to you personally to have more articles published in the
                                                            ICES journal covering for the ECC form of contract?                                                       84%   16%
  disputes than it solves


 6                                                                                                                         NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001
  Compensation events
  – a brief review                                        q the employer failing to give possession of the
                                                                                                                                   by Paul Newman, Barrister
                                                                                                                             Hugh James Ford Simey Solicitors

                                                                                                                        contractor to submit a revised quotation (giving
                                                            site by the due date                                        reasons for the latter). The contractor has a fur-
                                                          q unexpected physical conditions                              ther three weeks within which to submit a revised
                                                          q severe or inclement weather.                                quotation. Quotations must cover both time and
                                                                                                                        money.
                                                             There is also a final catchall. ‘A breach of contract by
                                                          the employer, which is not one of the other compensa-         Assessment of events by project manager
                                                          tion events in this contract,’ is a compensation event.          Clause 63 deals with the assessment of compensa-
                                                                                                                        tion events. The project manager may assess a com-
                                                          Notifying and quoting for compensation                        pensation event
                                                          events
                                                             Either the project manager or the contractor may           q without the assistance of a contractor’s quota-
                                                          inform the other if they believe that a compensation            tion where no such quotation has been supplied
 In one way the NEC Engineering and Construction          event has arisen or will arise. The project manager             within the required time
 Contract (ECC) is no different from the Institution of   may decide that an event the contractor notifies              q if the project manager decides that the contrac-
 Civil Engineers (ICE) and Joint Contracts Tribunal                                                                       tor has not assessed the compensation event
 (JCT) conditions in that it sets out events which        q    arises from a contractor’s fault                           correctly or no programme has been submitted,
 enable contractors to seek additional costs and/or an    q    has not happened and is not expected to happen             which the contract requires the contractor to
 extension to the contract period.                        q    has no effect upon actual costs or completion              submit.
    However, the ECC is more assertive in stressing       q    is not one of the compensation events stated in
 that extensions of time and related costs are to be           the contract.                                               The project manager then implements each com-
 dealt with at the time, rather than postponed until                                                                    pensation event by notifying the contractor of the
 the later stages of the contract.                           If the project manager decides otherwise, he may           quotation, which he or she has accepted or directly
    Clause 60.1 sets out 18 matters that are compen-      instruct the contractor to submit quotations for deal-        assessed.
 sation events. These include                             ing with the compensation event. The contractor has              For further information, the author can be con-
                                                          three weeks from then in which to submit a quotation.         tacted on +44 (0)29 2039 1171 or at paul.new-
 q the project manager giving an instruction that            The project manager then has two weeks in                  man@hjfs.co.uk. Based on an article published in
     changes the works information                        which either to accept the quotation or ask the               Construction Law, June 2001. q




New guide to adjudication
under the NEC
by Emily Falconer, Thomas Telford Publishing


NEC publisher Thomas Telford is about to pub-             first part deals with the proper incorporation
lish a unique and extensive guide to adjudica-            of adjudication into an NEC contract and, in
tion under the NEC Engineering and                        the second part, the challenges faced when
Construction Contract and other NEC forms.                dealing with adjudication world-wide are                      professionals who use or are planning to use the
   Written by Richard Anderson, a UK lawyer               addressed in detail.                                          NEC. Publication is scheduled for November 2001
well-known in adjudication circles,                          The third and final part clearly describes the                To order the book please visit the NEC web-
Adjudication under the NEC 1 will be the first            NEC adjudication process that needs to be fol-                site at www.newengineeringcontract.com or
specialist guide to resolving disputes in the             lowed in the UK. It outlines the problems that                contact Thomas Telford’s customer services
NEC family of contracts through the adjudica-             may arise – not least since the contractual                   department on +44 (0)20 7665 2464 or
tion process.                                             adjudication entitlement needs to be consid-                  orders@thomastelford.com q
   As users will be aware, the NEC offers adju-           ered alongside the underlying statutory adju-
dication as the primary means of resolving dis-           dication entitlement.                                         Reference
putes but the procedure is not automatic.                    The publication is likely to be an invaluable              1. Anderson, R. N. M. Adjudication under the NEC, Thomas
   The 432-page book is in three parts. The               resource for all engineering and construction                    Telford, London, 2001 (ISBN 0 7277 2997 7, £50).




NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001                                                                                                                                7
New user’s
                                                                                                                                                             NEC Users’ Group members
                                                                                                                                                  New members shown in bold
                                                                                                                                                  A B Rhead & Associate Limited     JMP Consultants
                                                                                                                                                  AMEC Civil Engineering Ltd        John Smith Projects




workshop
                                                                                                                                                  Amec Utilities Ltd                K Home Engineering Ltd
                                                                                                                                                  Anglian Water Services Ltd        Kilroot Power Limited
                                                                                                                                                  Arup                              Kirkham Board Associates
                                                                                                                                                  Ashridge Construction Limited     Laing Limited
                                                                                                                                                  BAA plc                           Lancashire County Council,
                                                                                                                                                  Balfour Beatty Major Projects     Lattice Energy Services Limited
                                                                                                                                                      Channel Tunnel Rail Link
                                                                                                                                                                                    Lawrence
                                                                                                                                                  Ballast Nedam Engineering



attracts 50 delegates
                                                                                                                                                                                    Lincolnshire County Council
                                                                                                                                                  Barton Plant Ltd
                                                                                                                                                                                    London Underground Limited
                                                                                                                                                  Berkeley Consulting
                                                                                                                                                                                    Lovells
                                                                                                                                                  Binnie Black & Veatch
                                                                                                                                                                                    M J Gleeson Group Plc
                                                                                                                                                  Birse Construction Limited
                                                                                                                                                  British Waterways                 Mansell plc
by Rekha Thawrani, NEC manager                                                                                                                    BT Plc                            Masons Solicitors

                                                                                                                                                  Bullen Consutlants Limited        MK International Ltd
Around 50 NEC Users’ Group members attended                              Hughes. These covered the main principles of                             Carillion Plc                     Montgomery Watson Ltd
the workshop entitled ECC for new users at the                           the ECC and highlighted best-practice in the                             CCS Group PLC                     Morgan Est Plc

Birmingham Chamber of Commerce in                                        pre-contract and post-contract phases.                                   Chandler KBS                      Morrison Construction Ltd
                                                                                                                                                  Circle 33 Housing Trust Limited   Mott MacDonald
Edgbaston on 17 September 2001.                                             A number of more experienced ECC users also
                                                                                                                                                  City of Glasgow Council           Mouchel Consulting Ltd
   It was the latest in the series of workshops                          attended the workshop, giving delegates the                              Comhairle Nan Ellean Siar         Neath Port Talbot County
for NEC contract users, the purpose being to                             opportunity to exchange views and experiences                            Contracts Consultancy Limited
                                                                                                                                                                                       Borough Council
                                                                                                                                                                                    Needlemans Ltd
introduce new and potential users to the NEC                             throughout the day. Initial feedback from dele-                          Cornwall County Council
                                                                                                                                                  Currie and Brown                  Northumbrian Water Limited
Engineering and Construction Contract (ECC).                             gates was that the workshop was a worthwile.
                                                                                                                                                  Cyril Sweett Limited              Nottinghamshire County Council
   The event consisted of a series of short pre-                            The next NEC workshop is on 12 November                                                                 One North East
                                                                                                                                                  Dean and Dyball Construction
sentations by Users’ Group secretary Kelvin                              2001 and will be for experienced ECC users. q                               Limited                        Pell Frischmann Consultants Ltd
                                                                                                                                                  Denton Wilde Sapte                Peter Brett Associates
                                                                                                                                                  Department for International      Pryme Europe
                                                                                                                                                     Development (DFID)
                                                                                                                                                                                    PTR Services Ltd
                                                                                                                                                  Department for Regional


NECDIARY                                                                                                                                          DLA
                                                                                                                                                     Development Roads Service


                                                                                                                                                  DOE (NI) Water Service
                                                                                                                                                  Doig & Smith
                                                                                                                                                                                    Rivers Agency
                                                                                                                                                                                    Rock DCM
                                                                                                                                                                                    Roger Lewendon Assoc.
                                                                                                                                                                                    RWE Nukem LTD
Date                                Event                                                                          Venue
                                                                                                                                                  Doncaster Metropolitan Borough    Sainsbury's Supermarkets Ltd
                                                                                                                                                     Council
                                                                                                                                                                                    Scott Wilson Kirkpatrick
                                                                                                                                                  Drake & Scull Rail Ltd.
13 November 2001                    ECC: post-contract procedures                                                  Bristol                                                          Shepherd Construction Ltd
                                                                                                                                                  Earth Tech Engineering
29 November 2001                    ECC: the concept and issues                                                    Ascot                                                            Simmons & Simmons
                                                                                                                                                  EC Harris
                                                                                                                                                                                    South African NEC Users Group
                                                                                                                                                  Edmund Nuttall Limited               Association
4 December 2001                     Professional Services Contract and Adjudicator’s Contract                      Ascot                          Edmund Nuttall Ltd                Staffordshire Engineering
11 December 2001                    ECC: compensation events                                                       Sutton Coldfield               Electricity Supply Board              Consultants
                                                                                                                                                  Ellen Hay Solicitors              Strabag AG
                                                                                                                                                  Environment Agency                Suffolk Waste Disposal Co. Ltd
10 January 2002                     ECC: the concept and issues                                                    Sutton Coldfield               Ernest J Bayton                   Symonds Group Ltd
22 –23 January 200                  Simulation workshop                                                            Glasgow                        ESKOM                             Tendring District Council
23 January                          ECC Short Contract and Short Subcontract                                       Ascot                          Faithful & Gould                  The National Assembly for Wales
                                                                                                                                                  Forsters                          The Nottingham Trent University
                                                                                                                                                  Forward Consult Limited           Thurlow Associates
7 February                          ECC: pre-contract procedures                                                   Walsall
                                                                                                                                                  Frank Griffiths Assoc Ltd         Thyssen Construction Limited
12-13 February                      Simulation workshop                                                            London                         Franklin & Andrews                TPS Consult
28 February                         ECC: the concept and issues                                                    Altrincham                     Galliford Northern                TransCo Plc
                                                                                                                                                  GDG Management Ltd                Trett Consulting
                                                                                                                                                  Gleeds                            UK Nirex Ltd
6 March                             ECC: post-contract procedures                                                  Ascot
                                                                                                                                                  Gleeds Energy                     UKAEA
21 March                            ECC: compensation events                                                       Ascot                          Gleeson MCL Limited
                                                                                                                                                                                    Union Railways Limited
                                                                                                                                                  Halcrow Group Limited
                                                                                                                                                                                    University of Hong Kong
For further details of courses, please see the Thomas Telford web site at www.thomastelford.com or contact Diane Lewis on +44(0)20 7665 2457.     Hannah Reed and Associates Ltd
                                                                                                                                                                                    University of Salford
                                                                                                                                                  Hanson Construction Projects
                                                                                                                                                                                    W S Atkins
                                                                                                                                                  Harbour & General Works Limited
                                                                                                                                                                                    Warwickshire County council
      Contributions to the newsletter are always welcomed and should be emailed to the editor                                                     Higgins Construction Plc
                                                                                                                                                                                    Webfell Group Limited
   Simon Fullalove at simon@fullalove.com (telephone +44 (0)20 8744 2028, fax +44 (0)20 8891                                                      Highways Agency
                                                                                                                                                                                    Westinghouse Signals Ltd.
                                                                                                                                                  Infraco BCV Limited
         2462). The current issue of the newsletter is also available on the NEC web site at                                                                                        Wheeler Group Consultancy
                                                                                                                                                  Infraco JNP Limited
  www.newengineeringcontract.com. All other enquires should be made to the NEC manager Rekha                                                      Infraco Sub-Surface Ltd
                                                                                                                                                                                    Wiggins Gee Construction Ltd
                                                                                                                                                                                    Wrekin Construction Company
  Thawrani, Thomas Telford Ltd, 1 Heron Quay, London, E14 4JD, telephone +44 (0)20 7665 2446,                                                     Innogy plc (National Power)
                                                                                                                                                                                       Limited
                                                                                                                                                  Interserve Project Services
              fax +44 (0)20 7538 2847, e-mail rekha.thawrani@thomastelford.com q                                                                      limited
                                                                                                                                                                                    Yorkshire Water Services Ltd




  8                                                                                                                                             NEC USERS’ GROUP NEWSLETTER•No.19•OCTOBER 2001