The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the role of the ‘Project Manager’ under the NEC3 and NEC4 contracts. It looks specifically at the provisions of the NEC3/NEC4 Engineering and Construction Contract (ECC), but similar provisions are found across the suite.
The Project Manager has a central role in the administration and management of an NEC contract. Although it is not actually a party to the contract, it is involved in almost every aspect of it. The Project Manager is vital to the success of a project.
The Project Manager is usually appointed in the early stages of a project, often in the feasibility stages. It is appointed by the Client (called the ‘Employer’ in NEC3), for example under a Professional Services Contract (see Practice Note: NEC Professional Service Contract). The Project Manager is also named by the Client in part one of the Contract Data (although, as noted above, the Project Manager is not party to the contract).
The Project Manager can either be a member of the Client’s own staff or an external consultant/adviser engaged by the Client. If the Project Manager is an external consultant/adviser, it will commonly be a firm, rather than an individual, who is named in the Contract Data.
What is most important is that the Client appoints a Project Manager with good experience specifically in
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Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions
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