Abstract

Research compares NEC and JCT contracts for Leahs Yard redevelopment, favoring JCT for its industry
familiarity and dispute reduction. Employer-specific requirements and collateral warranties are
highlighted for project success. Challenges like volcanic eruptions stress the need for alternative
transportation methods. Efficient compensation clauses and the Force Majeure clause for time
extensions are emphasized.

Introduction

The study assesses Leahs Yard redevelopment in Sheffield, recommending Joint Contracts Tribunal
(JCT) contracts, particularly JCT Build, for their suitability and clarity in complex projects. JCT
contracts offer clear roles, timelines, and communication efficiency, reducing disputes. While New
Engineering Contract (NEC) offers flexibility, JCT's alignment with UK construction norms makes it the
priority. The research emphasizes collateral warranties, specific employment requirements, and
managing external risks like Icelandic volcanic eruptions through robust contract frameworks.
(Abdullah et al., 2023).

PRE Tender BID Design Phase

The study proposes using both the JCT Design and Build Contract and the NEC Engineering and
Construction Contracts for Leah’s Yard redevelopment. JCT offers traditional clarity and predefined
mechanisms for efficient project management and conflict mitigation. NEC emphasizes flexibility and
risk management, beneficial for sudden changes in urban redevelopment initiatives. Integrating both
contracts balances established practices and adaptability, addressing specific project requirements
and uncertainties effectively (Adamu, Sidik, & Ernest, 2017).

Collateral Warranties

Collateral warranties, crucial for projects like Leahs Yard redevelopment, grant third-party rights,
enhancing client protection and mitigating disputes. They ensure direct obligations enforcement,
safeguarding funds and satisfying future buyer and tenant requirements. Extended liability duration
guarantees post-completion issue resolution, aligning with client interests for refurbished unit
quality. While JCT contracts feature separate collateral warranty documents tailored to project
needs, NEC contracts lack explicit provisions. Nonetheless, integrating collateral warranties into
contract methods enhances risk management and strengthens client position, a vital addition to
Leahs Yard's redevelopment arrangement (Yabar-Ardiles et al., 2023).

Employer Specific Requirements

Employer Specific Requirements (ESRs) tailored to projects like Leahs Yard encompass health and
safety, environmental regulations, quality assurance, insurance, and reporting. In JCT contracts, ESRs
are addressed through supplementary documents and specific clauses within the main contract
body. NEC contracts treat ESRs as additional contract instructions, integrated into communication
and instruction clauses, particularly in the contract sections of data and works information. Both
approaches ensure client-imposed needs are met efficiently, crucial for project success and
compliance (Yabar-Ardiles et al., 2023).
POST Tender BID Construction Phase

The volcanic eruption in Iceland disrupts flight travel, impacting the delivery of the electronic
escalator's control panel ordered from the Far East. Flight cancellations and airspace closures hinder
cargo shipments, causing delays and congestion. Volcanic ash poses risks to aircraft engines, adding
uncertainty to transportation. Effective communication with suppliers, logistics partners, and project
stakeholders is vital for assessing disruption effects, exploring alternative transportation, and
adjusting project timelines. Contingency planning is crucial to mitigate the impacts of natural
disasters like volcanic eruptions on project delivery (Perry, 2023).

Transportation of Control Panel

Due to flight disruptions from volcanic ash, sea transportation becomes necessary for delivering the
electronic escalator control panel, albeit with longer transit times of about 3 weeks. Project
scheduling must accommodate this delay, impacting construction timelines. Adjustments to logistics
documentation and arrangements are vital, including coordination with shipping companies and
customs clearance processes to ensure smooth transit and timely delivery. Communication of revised
delivery timelines to project stakeholders, including clients and subcontractors, is essential to
manage expectations and mitigate downstream effects on project progress. Proactive monitoring and
risk mitigation during shipment are crucial to maintain the project schedule.

Contract NEC And JCT

Under both NEC and JCT contracts, compensation and events clauses facilitate extension requests
due to delay events. JCT clauses cover Force Majeure, Delays by Statutory Undertakings, and
Exceptionally Adverse Weather Conditions. NEC clauses include Employer Delay, Weather, and Force
Majeure. The Force Majeure clause is paramount, covering a wide range of sudden events like
volcanic eruptions, ensuring legal grounds for time extensions due to resulting delivery delays.

Conclusion

The combined use of JCT Design and Build Contract and NEC Engineering and Construction Contracts
ensures a balanced approach for Leah's Yard redevelopment. JCT offers structured project
management and clarity, while NEC provides flexibility and risk management crucial for urban
regeneration projects. Collateral warranties strengthen client protection. Employer Specific
Requirements (ESRs) allow customization while ensuring compliance. Early communication and
contingency planning mitigate delays, and provisions like Force Majeure in both contracts support
extension requests due to unforeseen events, ensuring project completion despite setbacks.