In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
At the recent NEC Annual Users Conference, keynote speaker, Lord Adonis, warned attendees that government funding for future infrastructure projects will always depend on the perceived success of those currently on the books. He stressed, therefore, that once given the green light by government, it is up to those delivering these projects to demonstrate efficient delivery (both in terms of time and budget) achieved through true collaboration.
Timely, then, that the NEC used its 25th anniversary conference to launch the new (and its first) NEC4 Alliancing Contract. In a packed workshop held on the new contract, it was feted by members of the NEC’s drafting panel, Ross Hayes and Robert Gerrard, as “a new breed of NEC contract”, whilst the general consensus in the room of users was that it is “not for the faint hearted”.
“A new breed of contract”?
Alliancing contracts are the “new kid on the block” of major construction and infrastructure contracts. They have been around in bespoke forms for some time, having been particularly popular in Australia, for example, and the NEC’s publication follows on from the publication of the ACA’s Framework Alliance Contract last year.
It is a multi-party contract with major stakeholders to works forming an “alliance”. These are likely to include the client, contractor, key subcontractors and consultants. NEC considers this a shift away from its other contracts because it takes principles of partnering beyond the traditional two-party contract by binding all key players on a construction project together, thus sharing risks equally.
Parties to the contract form an Alliancing Board, who make the decisions around the delivery of the contract. This is very different from a two-party contract which is driven by the client. The Alliancing Board then appoints an Alliancing Manager who is responsible for the day-to-day running of the contract.
For regular users of NEC contracts, the contract will be recognised as a further extension of the NEC’s partnering approach in which all parties share the “pain and gain” in the hope that there will be a shift away from site-based blame culture, so that works can progress without conflict where unforeseen problems arise. Most notably the parties come together to form their own objectives and the collective objectives of the project before working together to deliver these.
“Not for the faint hearted”?
As with all NEC contracts, they should only be adopted by clients who have the appropriate resources and experience to manage them. Problems arise where they are run (or amended) with the assumption that a JCT-style approach will work. It won’t. Further it should only be used by parties who truly want to partner with Contractors and who are comfortable enough to relinquish control over direction of the works to the Alliancing Board.
The Alliancing Manager will be central to ensuring the success of the contract, bearing the responsibility for the delivery of multi-party objectives. It will therefore be crucial to ensure that an appropriate Alliancing Manager is appointed with the right expertise. Furthermore, the NEC is clear that the Alliancing Contract will not be suitable for all works projects as the level of contract administration and collegiate objective making will only be appropriate where proportionate to the value/risk of the works.
For more information
If you have any questions relating to the topics raised in this article, please contact Alistair Smith.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.