NEC 4 ECC: the solution for the Dutch construction market?

Are there elements of the NEC 4 ECC that could improve the consultation version of the UAV-GC 2020 while bearing in mind the Dutch culture and laws?

Master thesis (2021)

Authors

K.H.A. Masmeijer Civil Engineering & Geosciences

Contributors

A. Straub Public Commissioning - Architecture and the Built Environment (mentor)
L.P.I.M. Hombergen Integral Design & Management - CEG (graduation committee member)
E.M. Bruggeman Building Law - Architecture and the Built Environment (graduation committee member)
Jan Reinout Deketh DHV Group (mentor)
Faculty
Civil Engineering & Geosciences, Civil Engineering & Geosciences
Copyright: © 2021 Kevin Masmeijer
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Published Date

02-12-2021

Language

English

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Faculty

Civil Engineering & Geosciences

Abstract

In the Netherlands, projects often can be large and complex. This creates problems regarding the responsibilities and the distribution of risks of all parties involved in the project. It is therefore of great importance that the contracts and agreements made are clear and of practical use. In the Netherlands, the UAV-GC 2005 is used to regulate this. However, the UAV-GC 2005 turned out to contain several weak points and that is why in February 2021 a consultation version of the UAV-GC 2020 was presented to improve the UAV-GC. The question according to experts is whether this improvement will solve the problems concerning the distribution of risks and responsibilities. A possible solution to the problems is the NEC 4 ECC contract from the United Kingdom.
Therefore, the following research question was asked:

“What elements or characteristics of the NEC 4 ECC could be of added value to the UAV-GC 2020 for the Dutch construction market, and could possibly complement and be implemented in the UAV-GC 2020?”

During the study it appeared that the structure and clarity in the UAV-GC 2020 can be improved, especially in the division of risks and tasks, which can be better structured. Another improvement that can be made is the communication and provision of information because these are points where communication and provision of information fall short. Finally, the way in which payment is handled in the UAV-GC 2020 can be improved, as payment and costs in the UAV-GC 2020 are currently made and determined in advance and this can be done based on wrong or insufficient information. In the NEC 4 ECC, there are several payment methods and, based on the characteristics of the project, the appropriate payment method can be chosen. This seems to be a great improvement to the UAV-GC 2020, as the way payment is regulated in the NEC 4 ECC will improve cooperation between parties and reduce the likelihood of a dispute arising.

With the answers to the sub-questions and the main questions, it is possible to answer the general research question. It can be concluded that there are three important elements of the NEC 4 ECC that could improve the UAV-GC 2020 and thus be of added value. These are the obligation of communication and continuous provision of information, the various options in the NEC 4 ECC and especially the way in which payment is dealt with in the NEC 4 ECC. The way payment is handled in the NEC 4 ECC could help the UAV-GC with a better allocation of risk and responsibility. It also creates a better understanding of the project and better cooperation between the parties if necessary.