Some people emphasise the collaboration encouraged by clause 10.2 of the NEC4 Engineering and Construction Contract (ECC), which requires the client, contractor, project manager and supervisor to, ‘act in a spirit of mutual trust and co-operation’. This is encouraged by various processes in the contract and a key part is talking and listening to each other. Clause 10.1 requires the parties, project manager and supervisor to, ‘act as stated in this contract’. However, unlike acting collaboratively, this is enforced throughout the contract. This means if one party does not act as stated in the contract, there is a good chance the contract provides a direct remedy to the other party. This article looks at each of the clauses and how they are enforced.
Posted by NEC Contracts at 2023-06-09 10:59:40 UTC