The differences between the New Engineering Contract and the Joint Contracts Tribunal Contracts are illustrated by the following features:
| NEC | JCT |
| Project Manager Role | Architect/Contract Administrator Role |
| Early Warning/Compensation Event Procedure | Notice and Loss and/or Expense Procedure |
| Condition Precedents | Final Accounts |
| Risk Registers with incentives | Standard allocation of risks |
| Arbitration | Litigation |
- Introduce the philosophy and background of the two highlighted forms of contract.
- Explain the features referred to in the table and their application to contractual practice.
- Make a case for the adoption of the NEC approach whilst pointing out any accompanying shortcomings or risks for a new adopter of this form of contract.
Part Two
Discuss how technology will disrupt legal arrangements in the construction industry in the near future and the positive impacts this may have. Your answer should refer to:
- Disputes
- Big data and the blockchain
- Smart contracts
Prepare an academic submission, appropriately referenced. The work should be based on a literature survey supporting the lectured material. Reference to published books and papers should be supported by reference to recent articles in relevant journals as appropriate. Marks will be given for well structured, referenced and presented submissions that demonstrate that you have read thoroughly around the subject.
The submission should be a maximum 2000 words [your reference list should not be included in the word count]. Submissions over this limit will be penalised since they will not be concise and brief as the assessment criteria requires.
Indicative Textbook References
- Mason, J. (2016) Construction Law: From Beginner to Practitioner, Routledge
- Wood, D., Chynoweth, P., Adshead, J., Mason, J. (2011) Law and the Built Environment 2nd London: Wiley Blackwell Publishing
- Wild, C. & Weinstein, S. (2013) Smith and Keenan’s English Law 17th Edition Longmans/Pearson
- Ndekugri, I. & Rycroft, M. (2009) The JCT05 Standard Building Contract 2nd Edition Butterwoth Heinemann
- Chappel, D (1996) Understanding JCT Building Contracts Spon
- Cox, S. & Clamp C, Lupton S, (2006) Which contract? Choosing the appropriate building contract 4th Edition RIBA publications
- Wendell, Bill (2006) Choosing the right NEC contract Thomas Telford
- Eggleston Brian (2006) The NEC3 Engineering and Construction Contract: a commentary 2nd Edition Blackwell
- Broome, John (2004) The NEC Engineering and Construction Contract; a User’s guide Blackwell
Marking breakdown
- Introduce the philosophy and background of the two highlighted forms of contract.[10 marks]
- Explain the features referred to in the table and their application to contractual practice. [15 marks]
- Make a case for the adoption of the NEC approach whilst pointing out any accompanying shortcomings or risks for a new adopter of this form of contract. [20 marks]
Explain the component parts of the part 2 discussion under the following headings:
- The current situation with regards to disputes and your prediction on whether this will decrease or increase or stay the same. [10 marks]
- The operation of big data and blockchain and the transformative potential on existing contract management procedures. [15 marks]
- The current position in the development of smart contracts and the implications for existing forms of contract (NEC and JCT). [20 marks]
- Quality of the written response including referencing plus the extent of the reading around the topics.[10 marks]
Dr Jim Mason
Sept. 2018
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