An Analysis of Health and Safety Provisions in the NEC Contracts

Abstract

The 2015 edition of the CDM Regulations impose 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. They 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. The 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: https://doi.org/10.1680/jmapl.21.00021
Divisions: College of Engineering & Physical Sciences > Engineering Systems & Management
College of Engineering & Physical Sciences
Additional Information: © 2021 Thomas Telford Ltd. Original article available at https://www.icevirtuallibrary.com/doi/10.1680/jmapl.21.00021. 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 and Law,Health and Safety,Project Management
Full Text Link:
Related URLs: https://www.ice ... /jmapl.21.00021 (Publisher URL)
PURE Output Type: Article
Published Date: 2021-08-06
Published Online Date: 2021-08-06
Accepted Date: 2021-05-28
Authors: Ndekugri, Issaka
Ankrah, Nii A (ORCID Profile 0000-0001-9221-0096)
Adaku, Ebenezer
Mzyece, Dingayo

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Version: Accepted Version

Access Restriction: Restricted to Repository staff only until 6 August 2022.


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