NEC has released suitable secondary Options for use in Northern Ireland to support projects under the Construction Contracts (Northern Ireland) Order.
The Housing Grants, Construction and Regeneration Act 1996 applies to construction contracts (defined in the Act) in England, Scotland and Wales. Option W2 was previously drafted for use in appropriate NEC contracts to provide for adjudication and Y(UK)2 for payment to incorporate the requirements of the Act.
Northern Ireland introduced its own provisions under the Construction Contracts (Northern Ireland) Order 1997. The Northern Ireland Order has one difference which affects clause W2, relating to the effect of Sundays and public holidays on timescales. This Y(NI)1 clause is issued in response to industry requests to provide a stardard set of amendments to NEC contracts to replace the provisions with those in the Northern Ireland Order. The clause amends clause W2 (where applicable) to give effect to this change, and otherwise changes references to the Act to refer to the Northern Ireland Order.
For construction contracts in Northern Ireland which are subject to the Order, in Contract Data part 1 “W2” should be included as the dispute resolution Option (where applicable), and “Y(UK)2” and “Y(NI)1” should be included as secondary Options.
NEC wishes to thank William Brown of Fortfield & Brown who drafted these clauses.