NEC in Hong Kong: Best use of Z clauses

23 January 2018 

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Z clauses can be inserted into NEC contracts to enable parties to agree additional conditions of contracts, in order to cater for specific needs relating to the project and the terms of its delivery.
 
The incorrect use of Z Clauses might undermine the effectiveness of the contracts, therefore it is important to discuss best practice in the draft of these additional clauses.
 
During this webinar, the speakers will discuss:
  • What are Z clauses
  • Why are they needed
  • What does the Hong Kong Government do about Z clauses
  • Things to consider when drafting Z clauses
  • What happens when they go wrong

Speakers

 
Peter Clayton
Partner at Pinsent Masons
Robert Gerrard
NEC Users' Group Secretary and NEC4 Drafter
Peter is a partner in Pinsent Masons' Construction team. He lives and works in Hong Kong. He has extensive experience of advising and representing clients on NEC contracts both in Hong Kong and in the UK including advising the Hong Kong Government on preparation of contract documents for two pilot NEC PSC projects.
Peter's transactional and dispute resolution experience extends well beyond the NEC form. He has extensive experience of traditional dispute resolution procedures such as arbitration and mediation on traditional contracts but has also advised the Hong Kong Government on the planned introduction of security of payment legislation which will introduce improved payment practices and provide a right for disputes to be resolved by adjudication.
Rob specialises in procurement and project management and is also involved in extensive NEC training and consultancy work.   
Rob is experienced in financial control, contract preparation and administration, including the consideration, evaluation and resolution of contractual claims mainly in civil engineering projects.
He is an Examiner for the ICE Law & Contract Procedure he has also held the position of NEC Users’ Group Secretary from 2006 to date.
His publications include NEC2 and NEC3 Compared, 2005, as well as drafting the NEC3 Professional Services Short Contract guidance notes, some of the flow charts and ‘How to…’ guides.
Robert was also a part of the working group who drafted the NEC3 April 2013 suite of contracts and the recently announced NEC4 suite.

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