There has been significant interest in Australia following Sydney Water's decision to adopt NEC4 contracts for collaboratively delivering water and wastewater works and services over the next 10 years.
Similarly in Ireland, Cork County's Council's pioneering and successful use of NEC for a complex €25million (£22 million) remediation of Haulbowline Island tip is prompting other local authorities to follow suit.
The Australia Y(Aus) clauses will make NEC4 contracts comply with the various security of payment laws enacted in each state and territory. The clause will have separate provisions depending on where the work, service or supply is carried out, so that in any one contract only some parts of the clause will apply.
The Australia clause drafters are consultants Kiri Parr and Kevin Pascoe with the assistance of Consult Australia and Pinsent Masons Australia.
In Ireland, the new Y(IR) clause will incorporate the requirements of the Irish Construction Contracts Act 2013 into NEC4 contracts, in the same way that Y(UK)2 incorporates the UK Housing Grants, Construction and Regneration Act 1996.
The Ireland clause was drafted by James Golden of Quigg Golden Ltd.
Option W2 was provided in appropriate NEC contracts to provide for adjudication and Y(UK)2 for payment to incorporate the requirements of the Housing Grants, Construction and Regeneration Act 1996.