Survey reveals NEC contract form failings

A survey of civil engineering surveyors has revealed that, while most regard the NEC/ECC contract form as a progressive document, one in five admitted to having no direct experience of it.

The survey highlights a number of problems associated with the contract. It spotlights compensation events as the issue of most concern to commercial managers. And it notes that three quarters of respondents say that early warning meetings -Êa key requirement of the NEC/ECC form -Êare not being used on a regular basis.

The survey was carried out by the Institution of Civil Engineering Surveyors -Êan associate of the Institution of Civil Engineers.

Among the complaints levelled by respondents were the additional staffing required to administer the contract form properly and the difficulty in understanding what is required by "contractor's works information".

Other obstacles to the success of the form were identified as a lack of mutual trust, an ingrained preference for confrontational or adversarial types of contract, and an inadequate approach to pricing variations within the compensation events mechanism.

Several surveyors even suggested that the NEC/ECC form may cause more disputes than it solves.

Most supported partnering agreements and felt the document could be adapted to accommodate these.