You must have heard this saying before and I think, with traditional contracts, there was some sense to this. Most standard form contracts are drafted quite negatively and seem to expect failure...if you do this wrong, this is how hard I will kick you.....not quite drafted like that but you get my drift!
I think NEC3 contracts are different. I think we should regard NEC3 contracts as a sensible tool to help parties solve problems or exploit joint opportunities. So rather than roll them up and bash the Contractor over the head, why not have them out on the table, well thumbed and use them to create some good outcomes for all. And don't be afraid to quote clauses and stay inside the contract; the more we veer away from the contract the more likely we end up in someone else's playground, who will love your attendance!
Thoughts?
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That makes good sense but what can you do if the contractor will not deliver?
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