Monday 13 December 2010

Local Democracy ... Act

We are often asked on the NEC helpline, 'will there be changes to W2/Y(UK)2 as a result of the new Act?'

The Local Democracy, Economic Development and Construction Act 2009 contains a substantial number of provisions in the broad areas of local democracy and involvement, local authority governance and audit, boundary and electoral change, local and regional economic development and construction contracts. It received Royal Assent on 12 November 2009. Part 8 of the Act amends the Housing Grants, Construction and Regeneration Act 1996 to improve payment practices and dispute resolution in the construction industry. The new Act is enacted but not in force, which commentators consider is now likely to happen mid-2011 or in October that year.

The NEC Panel have been monitoring progress and have produced most of the necessary changes to NEC3 contracts which will be issued when this finally comes into force as they will not be needed until then.

Rob

Sunday 5 December 2010

Most negotiated terms and conditions - IACCM

The International Association for Contract & Commercial Management (IACCM) has launched its' 10th annual study of ‘the most negotiated terms and conditions’. This unique study is used by companies and advisors around the world to develop and inform their contracting and negotiation strategies. As a contributor to the survey, they will then provide you the results.

This survey will take 5 – 10 minutes to complete and they ask you to tell them which terms you negotiate with greatest frequency, as well as your view regarding some key trends in negotiation. The results of this study offer insights to jurisdictional, geographic and industry perspectives, ensuring that it can immediately be put to practical use as well as inspiring new ideas and approaches to managing today’s complex negotiations environment.

I will paste a link to the results when they are out if you don't want to complete the survey.

What's the relevance to NEC? My opinion is that the past few years of this research has been quite enlightening, although showing things like limitation of liability is very frequently discussed, the future is far more likely to be around goals of the parties - something close to the heart of NEC.

Thanks,
Rob

http://www.iaccm.com/research/current/