An Analysis of Health and Safety Provisions in NEC Contracts

Issaka Ndekugri, Nii Ankrah, Ebenezer Adaku, Dingayo Mzyece

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)
19 Downloads (Pure)

Abstract

The 2015 edition of the Construction (Design and Management) (CDM) Regulations imposes statutory duties on the project client and other project supply chain members. It is the client's statutory duty to make and implement arrangements for effective management of health and safety (H&S) on the project. It also created two statutory duty holders that the client must appoint to coordinate H&S management. To manage the performance of the duty holders effectively, the client must enter into a contract with each of them that imposes their statutory duties as contractual obligations. This paper critically analyses two representative contracts in the NEC family of contracts to provide guidance on their H&S provisions and pointers to possible review in future editions. An important finding is that the contracts state the H&S duties in very general terms with the expectation that users will draft the details on the CDM duties as part of the scope contract document. This approach has the advantage of flexibility to accommodate international use of the contracts. It is recommended that the promoters consider the alternative of capturing appropriate CDM-related duties as a standard optional clause for adoption by UK users. Suggestions are made as to the terms in such an optional clause.

Original languageEnglish
Pages (from-to)65-75
Number of pages11
JournalProceedings of the Institution of Civil Engineers - Management, Procurement and Law
Volume176
Issue number2
Early online date6 Aug 2021
DOIs
Publication statusE-pub ahead of print - 6 Aug 2021

Bibliographical note

Funding Information:
This research has received funding from the EU’s Horizon 2020 research and innovation programme under grant agreement number 837721.

Publisher Copyright:
© 2021 ICE Publishing: All rights reserved.

Funder

Funding: This research has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 837721.

Keywords

  • contracts & law
  • project management
  • safety

ASJC Scopus subject areas

  • Civil and Structural Engineering
  • Business, Management and Accounting(all)
  • Safety, Risk, Reliability and Quality

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