This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
NEC4 overview: key changes and impacts - London, September 2017Browne Jacobson LLP
This seminar looked at the changes to the NEC structrure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
Planning and Project Controls under NEC4 – the choice isn’t yours! by "Glenn ...Project Controls Expo
Planning and Project Controls under NEC4 – the choice isn’t yours! by Glenn Hide - Director for GMH Planning Ltd, UK
Hezron Ricketts - Senior Manager, Senior Counsel to the Board for Th3rd Curve, UK at at Project Controls Expo 2017, Arsenal Stadium, London
NEC4 overview: key changes and impacts - Birmingham, September 2017Browne Jacobson LLP
This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
NEC4 overview: key changes and impacts - London, September 2017Browne Jacobson LLP
This seminar looked at the changes to the NEC structrure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
Planning and Project Controls under NEC4 – the choice isn’t yours! by "Glenn ...Project Controls Expo
Planning and Project Controls under NEC4 – the choice isn’t yours! by Glenn Hide - Director for GMH Planning Ltd, UK
Hezron Ricketts - Senior Manager, Senior Counsel to the Board for Th3rd Curve, UK at at Project Controls Expo 2017, Arsenal Stadium, London
NEC4 overview: key changes and impacts - Birmingham, September 2017Browne Jacobson LLP
This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
Planning and development club providing a construction law update, an overview of the housing white paper and advice on wayleaves, easements and substation transfers.
An APM webinar sponsored by the Thames Valley Branch on 20 July 2021.
NEC contracts have better and more proscriptive requirements for programme than any other contract. Known as 'the beating heart' of the NEC, the programme is critical for day to day management and for the assessment of compensation events. This session will give you the details.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
Richard is a chartered civil engineer, Fellow of the Institution of Civil Engineers (FICE) and procurement and NEC specialist with global development, engineering and management consultant, Mott MacDonald.
Richard was part of the drafting team for NEC4.
Richard advised on possibly Mott’s first use of the NEC when he moved to their contracts/procurement team in 1996 and has worked with the NEC ever since. He advises Motts teams and their clients on NEC in all sectors including the Halley VI research station on the Antarctic, Transnet in South Africa and the Jumeriah Golf Estates in Dubai. In Hong Kong, he has supported the Mott MacDonald’s Hong Kong team on its commissions, advising various departments of the Government of Hong Kong first on their trial projects using NEC, and is happy now to see NEC as ‘business as usual’ in Hong Kong.
Through Mott MacDonald, Richard delivers in-house and client training and training for NEC Training, including the four day ECC Project Manager accreditation course.
Richard has contributed to two NEC books, had seven NEC papers published in ICE’s Proceedings and sat on the Editorial Advisory Panel of the ICE’s journal, Management, Procurement and Law. He is a also a frequent contributor to the NEC website and newsletter (34 articles at the last count) . Most of his articles are linked from his Linked-in page.
https://www.apm.org.uk/news/nec-contracts-programmes-under-ecc-and-psc-webinar/
https://youtu.be/_lymxkMz7Kc
Project Controls Expo, 18th Nov 2014 - "NEC3 Contracts – Managing Risk and Ch...Project Controls Expo
Traditionally many Contractors (and even Employers) see following the contract or being contractual as a very negative. The NEC3 suite of contracts command a different approach and this session will explore the benefits of being contractual, and how it will help both Parties to manage their project and understand exactly where they both are in terms of liability throughout their project. A key aspect of this is approach to the management of regular revised programmes, which compared to other forms of contract have a much higher contractual significance under NEC3.
NEC4: The good, the bad, and the ugly
Part 1: Contract strategy changes webinar
Tuesday 14 November 2017
APM Contracts and Procurement Specific Interest Group (SIG)
presented by Dr Jon Broome
hosted by John Lake
APM Contracts and Procurement SIG previous Chair and Chair respectively
APM webinar held on 24 November 2021, sponsored by the Thames Valley branch.
A summary of the key changes from NEC3 to NEC4 as issued in 2017. Focuses on the ECC but many of the changes are rolled out across the other contracts. We also looked at the key payment changes in PSC4.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
https://www.apm.org.uk/news/nec3-to-nec4-webinar/
https://youtu.be/hGJKYh1iXYg
This was a presentation delivered by Robert Langley, partner and head of the construction and engineering team at Muckle LLP, on Tuesday 7th October. The event was organised and hosted by the APM North East branch and was entitled 'Project contracts and how they support collaborative working'. It was held at the Radisson Blu hotel in Durham.
This was a presentation delivered by Dr Jon Broome, chair of the APM Contracts and Procurements specific interest group (SIG), on Tuesday 7th October. The event was organised and hosted by the APM North East branch and was entitled 'Project contracts and how they support collaborative working'. It was held at the Radisson Blu hotel in Durham.
APM webinar sponsored by the Thames Valley Branch on 12 August 2021.
The basics of risk allocation within the NEC contracts and the NEC's simple and effective methods for 'early warning'. This is one process in NEC that you need to get working well on your contract. The session gives the basics and some tips for making it work. This session was held on 12 August 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
https://youtu.be/OG0dZCrprz0
https://www.apm.org.uk/news/nec-contracts-the-risk-registerearly-warning-register-and-risk-allocation-and-management-webinar/
APM webinar sponsored by the Thames Valley Branch on 29 September 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
NEC has clear mechanism for risk allocation for specific events. Is it a compensation event, or not? And it has a clear, detailed and flexible process for managing and agreeing the assessment of those compensation events. Effective management of the process is key to dispute avoidance under NEC. This webinar was held on 29 September 2021.
Hear about the importance of the F word - forecast. Change control is critical to the finances of any supplier - so you need to know how to use the process.
https://youtu.be/QOrw_KqUZiE
APM webinar sponsored by the Thames Valley branch on 27 October 2021.
The Supervisor is separate from the ECC Project Manager. Their role is to monitor the Contractor's compliance with the Scope. They need the skills of the 'clerk or works' …. But they also need to know how to manage their part of the contract. This webinar was held on 27 October 2021.
This session will give full details and share some of the necessary interfaces with the project manager.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
links:
https://www.apm.org.uk/news/nec-engineering-and-construction-contract-ecc-the-supervisors-roles-and-responsibilities-webinar/
https://youtu.be/RuIrzKpr83U
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
Planning and development club providing a construction law update, an overview of the housing white paper and advice on wayleaves, easements and substation transfers.
An APM webinar sponsored by the Thames Valley Branch on 20 July 2021.
NEC contracts have better and more proscriptive requirements for programme than any other contract. Known as 'the beating heart' of the NEC, the programme is critical for day to day management and for the assessment of compensation events. This session will give you the details.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
Richard is a chartered civil engineer, Fellow of the Institution of Civil Engineers (FICE) and procurement and NEC specialist with global development, engineering and management consultant, Mott MacDonald.
Richard was part of the drafting team for NEC4.
Richard advised on possibly Mott’s first use of the NEC when he moved to their contracts/procurement team in 1996 and has worked with the NEC ever since. He advises Motts teams and their clients on NEC in all sectors including the Halley VI research station on the Antarctic, Transnet in South Africa and the Jumeriah Golf Estates in Dubai. In Hong Kong, he has supported the Mott MacDonald’s Hong Kong team on its commissions, advising various departments of the Government of Hong Kong first on their trial projects using NEC, and is happy now to see NEC as ‘business as usual’ in Hong Kong.
Through Mott MacDonald, Richard delivers in-house and client training and training for NEC Training, including the four day ECC Project Manager accreditation course.
Richard has contributed to two NEC books, had seven NEC papers published in ICE’s Proceedings and sat on the Editorial Advisory Panel of the ICE’s journal, Management, Procurement and Law. He is a also a frequent contributor to the NEC website and newsletter (34 articles at the last count) . Most of his articles are linked from his Linked-in page.
https://www.apm.org.uk/news/nec-contracts-programmes-under-ecc-and-psc-webinar/
https://youtu.be/_lymxkMz7Kc
Project Controls Expo, 18th Nov 2014 - "NEC3 Contracts – Managing Risk and Ch...Project Controls Expo
Traditionally many Contractors (and even Employers) see following the contract or being contractual as a very negative. The NEC3 suite of contracts command a different approach and this session will explore the benefits of being contractual, and how it will help both Parties to manage their project and understand exactly where they both are in terms of liability throughout their project. A key aspect of this is approach to the management of regular revised programmes, which compared to other forms of contract have a much higher contractual significance under NEC3.
NEC4: The good, the bad, and the ugly
Part 1: Contract strategy changes webinar
Tuesday 14 November 2017
APM Contracts and Procurement Specific Interest Group (SIG)
presented by Dr Jon Broome
hosted by John Lake
APM Contracts and Procurement SIG previous Chair and Chair respectively
APM webinar held on 24 November 2021, sponsored by the Thames Valley branch.
A summary of the key changes from NEC3 to NEC4 as issued in 2017. Focuses on the ECC but many of the changes are rolled out across the other contracts. We also looked at the key payment changes in PSC4.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
https://www.apm.org.uk/news/nec3-to-nec4-webinar/
https://youtu.be/hGJKYh1iXYg
This was a presentation delivered by Robert Langley, partner and head of the construction and engineering team at Muckle LLP, on Tuesday 7th October. The event was organised and hosted by the APM North East branch and was entitled 'Project contracts and how they support collaborative working'. It was held at the Radisson Blu hotel in Durham.
This was a presentation delivered by Dr Jon Broome, chair of the APM Contracts and Procurements specific interest group (SIG), on Tuesday 7th October. The event was organised and hosted by the APM North East branch and was entitled 'Project contracts and how they support collaborative working'. It was held at the Radisson Blu hotel in Durham.
APM webinar sponsored by the Thames Valley Branch on 12 August 2021.
The basics of risk allocation within the NEC contracts and the NEC's simple and effective methods for 'early warning'. This is one process in NEC that you need to get working well on your contract. The session gives the basics and some tips for making it work. This session was held on 12 August 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
https://youtu.be/OG0dZCrprz0
https://www.apm.org.uk/news/nec-contracts-the-risk-registerearly-warning-register-and-risk-allocation-and-management-webinar/
APM webinar sponsored by the Thames Valley Branch on 29 September 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
NEC has clear mechanism for risk allocation for specific events. Is it a compensation event, or not? And it has a clear, detailed and flexible process for managing and agreeing the assessment of those compensation events. Effective management of the process is key to dispute avoidance under NEC. This webinar was held on 29 September 2021.
Hear about the importance of the F word - forecast. Change control is critical to the finances of any supplier - so you need to know how to use the process.
https://youtu.be/QOrw_KqUZiE
APM webinar sponsored by the Thames Valley branch on 27 October 2021.
The Supervisor is separate from the ECC Project Manager. Their role is to monitor the Contractor's compliance with the Scope. They need the skills of the 'clerk or works' …. But they also need to know how to manage their part of the contract. This webinar was held on 27 October 2021.
This session will give full details and share some of the necessary interfaces with the project manager.
Speaker: Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
links:
https://www.apm.org.uk/news/nec-engineering-and-construction-contract-ecc-the-supervisors-roles-and-responsibilities-webinar/
https://youtu.be/RuIrzKpr83U
Construction contract_Existing and Proposed Accounting StandardsAdi Iskandar Iliyas
The slides contained information gathered from accounting standards applicable to construction contract as well as some examples on disclosures by Malaysian companies.
The slides were co-prepared by fellow classmates, whose name appears in the 1st slide.
Many large healthcare organizations have outsourced key aspects of their IT operations to offshore providers. Often, these contracts underperform to their expectations and need to be reviewed and restructured during the contract term. This case study discusses best practices in restructuring large IT outsourcing contracts.
Tips for effective administration of a construction contract and for reducing the risk of delay and change orders. Interplay between the contractors, the consultant and an owner.
Contract management is the systematic process of creating, administering, and enforcing contracts between two or more parties. It ensures both parties fulfill their obligations as outlined in the agreement and minimizes potential risks.
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.
In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.
Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
2. Today Martin Cannon of Browne Jacobson and Eugene
Lenehan of Driver Trett will be speaking on:
(i) Changes to the NEC Structure (Contract and
Suite);
(ii) Changes in Approach following the change to the
structure; and
(iii)The introduction of 2 new contracts to the Suite
(the “DBO” and “Alliancing” contracts).
3. NEC4 – What’s new?
Overview and new contracts
Martin Cannon
Partner, construction team
4. NEC4 – What was the key focus?
• “Evolution” not “Revolution”.
• To provide greater stimulus to good management;
• Support new approaches to procurement which
improve contract management; and
• Inspire increased use of NEC in new markets and
sectors.
5. New additions to the NEC Suite
• Following the NEC4 Suite having been published
and the objective of supporting new approaches to
procurement we have seen the introduction of:
(i) NEC4 Design, Build, and Operate contract;
and
(ii) NEC4 Alliance Contract
6. NEC4 Suite structure
• The NEC4 Suite retains:
(a) Engineering and Construction Contract
(b) Framework Contract
(c) Professional Service Contract
(d) Supply Contract
(e) Term Service Contract
• The previous NEC3 Adjudicator’s Contract has been replaced by
the NEC4 Dispute Resolution Contract
7. Structure
• The key model sections of the NEC3 have been
retained (with the uniform change in language
across the suite), namely the:
(a) Core Clauses;
(b) Secondary Option Clauses; and
(c) X and Y Clauses.
8. A change in process…
• New provisions confirming that the programme is deemed as
accepted in the event that the Project Manager fails to respond
within the necessary time period.
• Change to the payment regime where the contractor is to submit
an application for payment prior to the “assessment date”,
together with a final payment mechanism.
• Changes to the CE mechanism – allowance for an additional CE
where the Contractor has priced for a proposed instruction and it
is not accepted, provision in the Contract Data to include further
bespoke CE’s.
9. A change in process…
• Changes to the dispute resolution procedure within the contract,
the introduction of a new tiered process.
• Changes in terminology with the introduction of gender neutral
wording, “client” instead of “employer”, change from “Risk
Register” to “Early Warning Register”, and the introduction of
“Scope” instead of “Works Information”/”Service Information”.
• Changes to include clauses dealing with the transfer of benefits
(i.e. assignment), confidentiality and publicity, and bribery and
corruption.
10. Design, Build, and Operate Contract
• Broadly the overall structure of the contract is the same as the
NEC4 model retaining the key core and secondary clauses.
• A number of the “X” clauses have, however, been removed
(options X1, X2, X5 – 7, X11 – 12, X15- 17 and X19 – 22 are not
used).
• In very broad terms the contract is similar to the PFI model as it
governs both the construction of the building and the subsequent
operational phase once the works have been completed.
11. Structure: a “walkthrough"
The contract follows the standard structure of the NEC4 model (albeit
in a shortened form). Key provisions to note as follows:
• Definitions:- some key terms;
• Design;
• The “Service”; and
• Time.
12. Definitions: some key terms
• There is a “Service Manager” (in lieu of the “Project Manager” as
referred to in the ECC).
• The “Service Period” is the period during which the Service is
carried out (this includes both the construction and operational
phase).
• The Contractor is to carry out the “Service” as defined in the
“Scope” for the “Service Period”.
13. Design
• The Contractor has design responsibility – the Contractor is to carry
out the design necessary for the provision of the “Service”.
• The Contractor is required to submit the “particulars of its design”
for approval to the Service Manager.
• The Contractor cannot proceed with its works unless and to the
extent that the Service Manager has accepted the design.
14. The Service
• The Service is set out in the Scope.
• Similar to the PFI model the Contractor is to operate a quality
management system.
• Within the period stated in the Contract Data the Contractor is to
provide to the Service Manager a “Quality Plan” and “Quality
Policy Statement”.
• Any instruction from the Service Manager to correct a failure to
comply with the Quality Plan does not operate as a CE under the
Contract.
15. Time
• Where a plan has not been identified in the Contract Data, the
Contractor submits a first plan to the Service Manager for
acceptance within the period stated in the Contract Data.
• Within 2 weeks of the Contractor submitting a plan for acceptance,
the Service Manager notifies the Contractor of the acceptance of
the Plan or the reasons for not accepting it.
• If the Service Manager does not notify acceptance or non –
acceptance within the time allowed the Contractor notifies the
Service Manager of the failure. If the failure continues for one
week after the notification the plan is deemed accepted.
16. Time: The Plan
The Plan includes provisions for:
(i) float, time risk allowances, H&S
requirements;
(ii) access dates, dates for (a) acceptances,
(b) Plant and Materials, (c) information; and
(iii) details of how each operation is to be
carried out (including dates, equipment,
resources to be used).
17. Conclusion
The NEC says that “The Design Build and Operate
Contract allows for a much more integrated method
of procurement”.
18. Alliance Contract
• The Alliance Contract has initially been published in consultation
form and can be downloaded only at present from the NEC Website
by request.
• The Alliance Contract is a multi – party contract with a risk and
reward model “built in”.
• The liabilities are shared/managed by the Alliance (save in
circumstances where there has been a wilful default by one of the
alliance partners).
19. Management of the Contract
• The Contract is managed by the Alliance Manager (who leads the
Alliance delivery team).
• All decisions under the contract are to be taken by the Alliance
Board (made up of representatives from each of the Alliance
members and the client). The decisions of the Alliance Board have
to be unanimous and bind all the parties that make up the
Alliance.
• The Alliance Manager reports to the Alliance Board.
20. Payment
• The basis of payment is Defined cost plus Fee (the same as Option
E of the NEC4 ECC). Payment is to be made via a Project Bank
Account.
• The Alliance Manager assesses the amount due and the Client’s
representative certifies.
• Alliance Objectives form the basis of the performance targets
against which the Alliance will be incentivised, this means that
work allocation will be based around what’s best for the project
(this should have the effect of reducing the likelihood of the
partners seeking to hold onto one or more of the works packages).
21. Compensation Events/Disputes
• Alliance Manager assesses CE’s and the Alliance Board assesses the
quotations.
• Where there is no unanimous decision of the Alliance Board the
matter is referred to the named senior representatives under the
contract.
• The Contract can be found at www.neccontract.com.
22. NEC4 – What’s new?
Core clauses, main options and
secondary options
Eugene Lenehan, Driver Trett
23. New terminology
NEC3 NEC4
Employer Client
Works Information Scope
Risk Register Early Warning Register
Section 4 (Testing and Defects) Section 4 (Quality Management)
Section 8 (Risks and Insurance) Section 8 (Liabilities and Insurance)
He / his It / its
X4 – Parent Company Guarantee X4 – Ultimate Holding Guarantee
X12 - Partnering X12 – Multiparty collaboration
24. New terminology
• New definition of Subcontractor (11.1(19))
• Excludes labour suppliers
25. Contractors proposals
• Clause 16 – Contractor proposes changes to scope “to reduce the
amount the Client pays…For Providing the Works”.
• Reduced by multiplying the assessed effect of CE by the value
engineering percentage.
• Clause 36 – Contractor can now propose acceleration
• Option X21
26. Other Core Clause 1 changes
• Clause 10.0 now split in two
• PM rejections “in sufficient detail to enable the Contractor to
correct the matter” (clause 13.4)
• New clause 18: the Contractor does not do a Corrupt Act. Client
may terminate (clause 91.8)
• Prevention event – must stop “the whole of” the works (clause 19)
27. Confidentiality
• New clause 29 – “disclosure”
• Restrictions on disclosing information
• Contractor needs Client’s agreement to publicise
the works
28. Programme – deemed acceptance
• Clause 31.3 amended
• If PM fails to respond within 2 weeks Contractor
can issue a reminder
• If PM continues not to respond for 1 week the
programme is deemed accepted
30. Quality management
• New requirement for a quality management system (Clause 40)
• QMS to comply with the Scope
• Contractor submits for acceptance a quality policy statement and
quality plan
• Contractor can change quality plan with PM’s acceptance
31. Payment applications
• Contractor submits application for payment (clause
50.2)
• “In the form stated in the Scope”
• If no application issued before the assessment date the
amount due is the lesser of
– Amount PM assess as due; and
– Amount as previous assessment date
32. Review of Defined Costs (options C, D, E & F)
• New clause 50.9
• Contractor can instigate review & acceptance of its
Defined Cost by PM
• If PM does not respond within 13 weeks (or four
weeks of providing further information)
Contractor’s Defined Costs and Disallowed Cost are
treated as accepted
33. Final assessment
• New clause 53
• PM obliged to issue final assessment within four weeks of Defects
Certificate (clause 53.1)
• If PM fails to do this, Contractor may issues its own assessment
• Final assessment becomes conclusive if not challenged by either
party referring it to dispute resolution within four weeks
34. SCC and Fee
• Schedule of Cost Components
– Subcontract costs moved to SCC. Payment of them
made consistent across all Options.
– ‘Working Areas overheads’ removed from SCC.
– ‘Design overheads’ and ‘manufacturing and
fabrication overheads’ also removed
• The Fee
– Now only one fee percentage
35. Defined Cost and Disallowed Cost
• Options A & B
– Cost of preparing quotations is no longer excluded
• Options C, D, E & F
– New type of Disallowed Cost – adjudication costs
between Contractor and Subcontractor where
Contractor did not notify PM
36. Compensation Events
• Clause 60.1(20): Quotation for proposed instruction that is not
accepted
• Clause 60.1(21): Additional compensation events can be included
• Clause 63.1: “dividing date” for forecast/actual costs
• Clause 63.5: Delay based on Accepted Programme “current at the
dividing date”
37. Core Clause 8
• Liabilities and insurance
• Clause 81: Contractor’s liabilities now expressly stated
• Recovery of costs
• Clause 84.2: Waiver of subrogation rights against
Parties
38. Amendments to secondary options
• X4 – Ultimate holding company guarantees
• X12 – Multi Party Collaboration
• X15 – Contractor’s design
39. New secondary options
• X8 – Undertakings to the Client or Others
• X9 – Transfer of Rights
• X10 – Information Modelling
• X11 – Termination by Client
• X21 – Whole Life Cost
• X22 – Early Contractor Involvement (C&E)