Value: Predicted outturn £727M
NEC3 contracts/options used: PSC & ECC (A,C & E)
Start-finish dates: July 2013 to July 2019
Main project team members: Delivery team members of : Environment Agency AKT (Aecom Kier Joint Venture) Bam Nuttall Mott MacDonald (BMMJV Ltd) Capita URS Galliford Black and Veatch Halcrow (a CH2M Hill company) Jackson Hyder Jacobs JBA Bentley JBA consulting Ltd Mott MacDonald Team Van Oord VBA joint venture
Scope and significance of project: Capital project delivery of flood defences for customers in England
Please detail how you demonstrated collaboration on your project with particular focus on clause 10.1. No more than 500 words please.:
Collaboration in the context of clause 10.1 within the NEC3 contracts is how the Environment Agency has worked for some time. We are improving the commercial maturity of our organisation working in a mature partnering manner. Our approach is to ensure the correct operation of the contract whilst explaining the decision making. Clause 10.1 obligates the parties to “operate in accordance with the requirements of the contract”. We have considered our past performance and the skills of EA and supplier staff focusing on continued improvement through: EA staff training – Recognising the value in improving the skills of our staff to ensure that they understand the contractual issues relating to their work. ECCPM approval – All ECCPMs are suppliers within our WEM framework or our NCMF2 cost management framework. We have gone through and continue to apply a rigorous system of individual interviews to test their knowledge, behaviours and suitability for the role. Approved ECCPMs form the basis of a cross framework/organisation community sharing best practice and lessons learnt.
Joint expert working groups – Recognising that mutual understanding of the contract by leadership is essential to: efficient operation of the contract; avoidance of confusion of the contract interpretation and misunderstanding of how risks are allocated. We operate a senior level joint working group to set the standard for correct interpretation, resolution of issues encountered and to define and implement solutions to aspects that have become issues at any stage in a contract lifecycle.
Dispute resolution – We have a three stage internal dispute resolution process, this operates as a supra contractual decision process, purely based on evidence and contract rules. The evidence is that generally the principal of the ECCPM’s decision is upheld, over the past 3 consultant and contractor frameworks (including WEM) 576 disputes have been raised and have progressed through the 3 stage dispute process with only 1 requiring formal adjudication Clause 10.1 encourages working together in “a spirit of mutual trust and co-operation”. We demonstrate this in the following ways:
The Charter – Signed and supported by all parties across frameworks and organisations, the principles outlined and the aspirations of this charter are made real by the manner of our working together and the model of our joint leadership and operational working groups, with decisions mutually cascaded through our organisations.
Joint training – Mutual knowledge and education is critical to joint understanding. We collectively encourage a single message heard by all to engender common understanding and have invested in joint training delivered by both suppliers and EA staff. The involvement of the ECCPM community has lead to further informal training events and bite-sized tool box talks utilising real life project examples.
Leadership – Joint leadership meetings at all levels are used to ensure that project delivery teams are set the standard for commercial operation and behaviour with continued improvement and monitoring supporting the maturity of relationship required for success. We work together, we learn from each other and in mutual development we will succeed together, and be in a stronger position for our futures