Construction law standard form contracts

Module learning outcomes addressed by the brief:

I. Critically appraise the selection, risk factors and value of particular standard forms of contract within the context of client requirements and professional response to these demands.

II. Analyse the effects of differing contract forms upon contractors and sub-contractors in the industry.

Assignment Brief

The Senior Partner of your practice has not dealt with contract-related matters in detail over the last few years, but has heard that there is a form of contract called Engineering and Construction Contract Third edition (NEC3) which possibly protects the employer s interests much more effectively than do the provisions of JCT 2005.

You have been requested to provide a report on Engineering and Construction Contract Third edition (NEC3) contract form in order that a decision can be made on whether to use it for the major projects with which the practice is dealing.

Compare and contrast the provisions of both contracts specifically in the context of:

” Design Changes
” Delays and Disruption
” Payments
” Dispute Resolution

Your report should clearly detail the similarities and differences of the two forms and the consequent suitability to a range of contractual situations.

Factual content, primary sources of information 40

Coverage of issues, comparisons between the forms
of contract, critical analysis 40

Structure, presentation and style, references 20

Total 100%

The report should be no more than 1500 words (excluding titles and reference section).
The word count should be indicated at the end of the report.