Comparing the Advantages and Disadvantages of JTC and NEC Contracts (Coursework Sample)

Acknowledgements
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Abstract
The case study explores and demonstrates the understanding of the various disciplines of law touching on tendering, Contracts and how they are formed, the JTC and NEC as well as how they take shape in the day to day life while interacting with different laws, caselaws as well as JCT 2016 and NEC.
Issue 1
1.1 Differences between JCT and NEC
The differences between JCT and NEC are classified in terms of Drafting and Structure; Pricing and Scope and finally Dispute Resolution Mechanisms.
No.
In terms of:
JTC
NEC
i
Drafting and Structure
JCT contracts are often used for local projects for instance in Wales and England only and also with other conditions related to construction in Scotland (Telford, 2002).

NEC is often used in international contracts especially with its language and the governing law (The Joint Contracts Tribunal Limited, 2016).

ii

Process of Payment

Section 4 of the Design and Build Contract 2016 provides that payment ought to be monthly, and the due dates are provided for in the Interim valuation date (Telford, 2002).

NEC payment process is based on establishing the assessment dates which in return determine the due dates for the application for payments (nec, 2014).

iii

Dispute Resolution
Mechanism

Section 9 of the Design and Build Contract 2016 provides for settlement of disputes through the following order, Negotiation, Mediation, Adjudication and Arbitration  (The Joint Contracts Tribunal Limited, 2016).

NEC there are three W options to fulfil with the international use where W1 refers a matter to Senior Representatives and W2 can refer to adjudication at any time, and W3 refers its matter to the Dispute Avoidance Board (DAB) and the latter is tribunal or arbitration  (nec, 2014).