An analysis of health and safety provisions in NEC contracts


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.

Publication DOI:
Divisions: College of Engineering & Physical Sciences > School of Infrastructure and Sustainable Engineering > Engineering Systems and Supply Chain Management
College of Engineering & Physical Sciences
Additional Information: © 2021 Thomas Telford Ltd. Original article available at Permission is granted by ICE Publishing to print one copy for personal use. Any other use of these PDF files is subject to reprint fees. Funding: This research has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 837721.
Uncontrolled Keywords: contracts & law,project management,safety,Civil and Structural Engineering,General Business,Management and Accounting,Safety, Risk, Reliability and Quality
Publication ISSN: 1751-4312
Last Modified: 19 Jul 2024 07:10
Date Deposited: 11 Aug 2021 09:08
Full Text Link:
Related URLs: ... /jmapl.21.00021 (Publisher URL)
http://www.scop ... tnerID=8YFLogxK (Scopus URL)
PURE Output Type: Article
Published Date: 2021-08-06
Published Online Date: 2021-08-06
Accepted Date: 2021-07-09
Authors: Ndekugri, Issaka
Ankrah, Nii A (ORCID Profile 0000-0001-9221-0096)
Adaku, Ebenezer
Mzyece, Dingayo



Version: Accepted Version

| Preview

Export / Share Citation


Additional statistics for this record