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An Analysis of Health and Safety Provisions in NEC Contracts

  • Issaka Ndekugri
  • , Nii Ankrah
  • , Ebenezer Adaku
  • , Dingayo Mzyece
    • University of Wolverhampton
    • Aston University

    Research output: Contribution to journal › Article › peer-review

    103 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.

    Funding

    FundersFunder number
    Horizon Europe
    Horizon Europe837721
    Horizon Europe

      Keywords

      • contracts & law
      • project management
      • safety

      ASJC Scopus subject areas

      • Civil and Structural Engineering
      • General Business,Management and Accounting
      • Safety, Risk, Reliability and Quality

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