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File: Building Pdf 83606 | Rudikleinpresentationoninternationalformsofcontract
jct nec3 advantages disadvantages for specialist contractors in an irish context professor rudi klein barrister ceo sec group president nec users group one time member of jct drafting sub committee ...

icon picture PDF Filetype PDF | Posted on 13 Sep 2022 | 3 years ago
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                    JCT & NEC3
          Advantages & Disadvantages 
              for Specialist Contractors 
                    in an Irish Context
                               Professor Rudi Klein, Barrister
                                             CEO, SEC Group
                       President NEC Users’ Group (one time 
                    member of JCT Drafting Sub-Committee)
                                                                  1
        COVERAGE OF JCT & NEC3
    JCT:        UK but Scottish Building Contracts 
                 Committee “kilts” JCT
    NEC:        Intended for UK and international 
                 use, civil and common law 
                 jurisdictions (has choice of 
                 governing law and language).
                                                        2
              JCT/NEC3: DRAFTING 
                    APPROACHES
                     • Complex since JCT attempts to 
                       cover every eventuality –
                       clogged with procedural rules.
       JCT:          • Much use of open-ended words 
                       (e.g. “reasonable”, “fair”).
                     • Focuses on consequences of 
                       breach and liability.
                                                             3
             JCT/NEC3: DRAFTING 
                APPROACHES (2)
                   • Accessible; use of everyday 
                      English but terminology 
                      sometimes different (e.g. 
       NEC:           “compensation events”).
                   • More precise.
                   • Focuses on pro-active risk 
                      management rather than on what 
                      happens when things go wrong.
                                                        4
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...Jct nec advantages disadvantages for specialist contractors in an irish context professor rudi klein barrister ceo sec group president users one time member of drafting sub committee coverage uk but scottish building contracts kilts intended and international use civil common law jurisdictions has choice governing language approaches complex since attempts to cover every eventuality clogged with procedural rules much open ended words e g reasonable fair focuses on consequences breach liability accessible everyday english terminology sometimes different compensation events more precise pro active risk management rather than what happens when things go wrong...

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