Critical awareness of NEC3 Contract characteristics

In any research which is carried out the research methodology which is used should clearly reflect the ability of the researcher to extract sufficient  data on the research topic by use of the different methods of data collection which are available at all costs it highly advisable that the researcher should avoid bias (Letona, 2014, p. 298).

The research was carried out to analyse the selection of different types of contracts, contractual mechanisms; use and interpretation of the NEC3 standard form of the contract within the construction to ensure that the projects run smoothly from the start to the end. The research will focus on the following:

Appraising the basic contractual relationships/mechanism and procedures that are involved at both the pre- and post-contract stages of the contraction of the suspension bridge and relate the principle to the formation of the contract in English (MacRoberts, 2014, p. 53).

Applying the NEC3 standard form of the contract to the design and construction scenarios with the critical awareness of its characteristics and then evaluate the role and obligations of the parties who are involved in the construction of suspension bridge.

During the selection of the appropriate methods which I was to use in carrying out the research, I considered the following.

The existing NEC3 literature is available.

The appropriate method to be used in analysing and interpreting the qualitative and quantitative data.

The number industry professional with the NEC3 experience.

Choosing the appropriate method in carrying out the studying culture of the NEC3 in the construction of a suspension bridge (Man, 2015, p. 245).

The Strategy to Research

There are three different concepts of research which include: validity, reliability, and representatives. Since there is a very close relationship between the reliability and validity, it would seem sensible to adopt a research strategy which uses a multitude of the method to enhance the conclusions and findings.

The research design is of three basic types which include the explanatory, exploratory and descriptive design (Management, 2015, p. 654). The exploratory research design is best suited for the research of data which is qualitative. The design was used because the research topic was new and in most cases, it had not been researched in the previous studies which have been carried out. The descriptive research was used because of the qualitative nature of the data (Management, 2015, p. 512). The exploratory research design was chosen for this study because cause and effect relationship needed to be seen by using quantitative data of the variables identified. That is the reason for choosing explanatory research design for this research.

Evaluation of roles and obligations of parties to the contract

Qualitative research approach involves the gathering of factual data by applying science to obtain the measurements.

Qualitative analysis is defined by Naoum testing the hypothesis or theory. Analysis in this research was carried out by using the numbers which were evaluated by using statistical procedures. The method was usually criticized due to its rigid nature. In that, it usually starts with a clear direction and ends nowhere (Mavin, 2015, p. 378). This is very advantageous in that it does not allow a lot of  deviation from the topic of research.

 Nor it does not provide other avenues and themes which will allow further research and exploration.

I arrived at an agreement that the quantitative and qualitative research approaches to complement each other. Through the combination of the qualitative and quantitative research approaches the entire outcome of the research is much better as compared to when carrying out the research by only one approach.

Stage 1: Literature Review

The initial stage of the project was to revisit the literature of the project and the implementation of NEC3 form in construction of civil engineering projects so as to ascertain the overall application of NEC3 in the construction sector and to ensure that the project runs smoothly from the start to the end (Mcphilip, 2015, p. 623). The literature review was carried out to help on the formation of angle and questions of research.

For quantitative questionnaires were adopted which had structured questions which were to be answered. The main objective of adopting the questionnaires was to produce an prediction into the perception of the NEC3 and other contractual mechanisms in the construction industry.it was considered that the questionnaires would provide first had data about the projects which have already implemented the NEC3.But the questionnaires had the disadvantages that the questions which are contained in the questionnaires need to be relatively simple and straightforward so that the respondents can be able to respond to the questions. The questionnaires also had the disadvantages of not being able to identify the challenges which the respondents were faced with while answering the questions that make the feedback obtained from the questionnaires to be misleading. The questionnaires which were bearing the analysis of contractual relations and the NEC3 in the construction industry were given to the respondents, and they were required to respond to all questions which were in the questionnaires (Mellewigt, 2016, p. 126).

 The style of the questions to be included in the questioners to reduce biases and ambiguity in the answers obtained. To obtain the correct questions to be adopted several principles were followed such as:

• The questions were easy and clear to understand.
• The questions we either closed or open.
• Either opinion or factual
• Short but comprehensive.
• Nonleading questions.
• Questions were arranged into suitable categories.
• The questions were objective as much as possible.
• The questions were logical as much as possible.
• Attractive as much as possible in their appearance to motivate the respondent to answer them.

Role of contract administration

Different techniques were used which were used to do the ‘closed ‘questions they included.

• Checklist
• Likert Scale  
• Rating Scale
• Grid
• Numerical Rating Scale
• Ranking

In the questions which require opinions to the respondents to give a 5 point Likert Scale was applied which had the following opinions: (Moskowitz, 2017, p. 875):

1. Strongly agree
2. Neither agree or disagree

• Agree

1. Strongly disagree

The 5 point scale was selected to enable the researcher to get the neutral answer that was to allow him or her not to force the judgment one way or the other.

The primary reason of carrying out a pilot study was to analyse and come up with the wording and the questions which were to be used at the same time ensuring that the respondents of the questionnaire will not meet any challenge when completing them. The sample questionnaire was given to few individuals wo were required to respond within the different civil engineering projects which are under construction to assess its ambiguity and appropriateness (NEC, 2013, p. 71).

Sampling is defined as the process selecting a few individuals from a population with the main goal of obtaining information about the whole population. For the case of the research which was carried out the research sample was study a few civil engineering projects whereby the NEC3 form of contracting has already been applied. The main objective of carrying out a study on the samples instead of the entire civil engineering projects was to reduce the time and other resources which would be used to study the entire projects.

Sampling also gives the research enough time to carry out the research with a lot of concentration sins ether area which one is required to study has been greatly reduced.

For the purpose of justification of the sample, the selection criteria of the sample was based depending on how the sample was agreeing with the following aspects:

• Experience or the Knowledge of NEC contracts..
• Experience or Knowledge of contractual mechanisms.
• Availability of the academic and skill of procurement.
• Preferably involved in the construction of the suspension bridge.
• The influence which was existing within the given organisation.

The personal details of all the individuals who were involved in the study were obtained from the internet searching such as the author’s contacts, publications

The different parties who have been involved in the execution of different civil engineering projects were interviewed. The interviews were very effective in obtaining the data which was very specific about the opinions, values, social context and the behaviours. The interviews were very appropriate in collecting data regarding the NEC3 contracts because the style of the contract is largely relationship based and hence could be deemed as a social type of contract which will be judged subjectively by its users (Steinman, 2011, p. 56). Put another way; attitudinal research is a method used to subjectively evaluate the opinion, view or perception of a person.

Crafting effective academic conclusions

With the aim supporting the data of the questionnaires by providing a very deep insight into the individual’s experience of the use and the implementation of the contractual mechanisms and relationships (Miller, 2016, p. 72).

5.8 Ethical considerations

In any research or study which is carried out it is important that the ethics of those who are participating are observed. Ethics refers to the way of doing things correctly to ensure that all those who take part in the study or research feel secure and remain unhurt all through the study period. It is carrying out the right actions during the process of research. All the personal data which those who participated was handled with very high confidentiality to ensure that the privacy of the participants was achieved (Whitney, 2011, p. 652). The information which is contained in this report is not based on the author’s opinions rather the data which was obtained from the primary and secondary source.

During the research, I encountered some challenges which made it very difficult for me to obtain data. Some of the participants who are in the construction industry were not willing to be interviewed. Some of the data which was obtained from the secondary sources such as books and journals did not contain information about NEC3 or other contractual mechanisms. Which forced me in some areas to on assumptions (Weddell, 2016, p. 53).

The NEC3 has been previously applied in many civil engineering projects in different parts of the world. From the information which is available, it is very clear that the projects which implemented the use of NEC3 were carried out successfully. Different options were applied which includes the conventional activity schedule contract for constructing.

In the projects which have failed to adopt NEC3, it is associated with lack of external and internal drive. For the UK it was in the state of change because they were driven by the Latham Report which was published in 1994 (Vincent-Jones, 2016, p. 786).Many projects of civil engineering are missing governmental or external over-riding pressure to enable them to adopt the NEC3.

The NEC is mostly used in the United Kingdom. Most of the other countries their printed literature about the NEC3 is very minimal. Most of the information which I obtained was from papers or industry documents which have been published discussing various elements of the NEC. It is very essential to remember that the NEC encapsulates good practice, rather than it necessarily being the founder.

Connection to established literature

A suspension bridge refers to the type of bridge whereby the load-bearing part is hung below suspension cables on the vertical suspenders. The first ever constructed suspension bridge was during the early 19^th century. The suspension cables which are used must be anchored at each other at the end of the bridge; this is because any load which is applied to the bridge is transformed into tension in the main cables. The main cables which are used in this bridge extend beyond the pillars to the deck-level supports, and further continues beyond the pillars to the deck-level supports and continue to connect with the anchors which are located at the ground.

 The deck (load-bearing portion) is supported by vertical suspenders rods which are referred to as hangers. In some situations the towers may sit on a canyon or a bluff edge where the road may proceed directly to the main span, otherwise the bridge will usually have two smaller spans which run between either pair of the pillars and the highway which may be supported by the suspenders cables or may use a truss bridge to make this connection.

The construction of the suspension project was selected as a complex civil engineering project because it involves the construction of various structural parts of the bridge which are very relevant to the civil engineering profession (Trienekens, 2016, p. 75). The construction of the suspension bridge will involve the many experts from the construction industry which will bring about the different responsibilities to be subcontracted to other parties from the main contractor. Figure 1 below shows the components of a suspension bridge.

Deck

The deck which is also referred to as the roadway is the part whereby the vehicles and people are allowed to pass from one end of the bridge to another. They are made of steel reinforced concrete, and each deck is a large span.

Steel cable

The roadway or the deck is suspended by the steel cables .they are of different sizes depending on the span from pone to another. Steel is preferred over iron because it is an alloy which makes it more superior in compression and tension and is much stronger.

Suspenders

The suspenders are used to connect the deck to the steel cables and also help in shaping the bridge. In the cases where there are no suspenders the deck is prone to be swayed out of control they help in reinforcing the deck even more and well as having the steel cables.

Addition of new ideas to the conversation

Towers

The very heavy weight of the steel cables are transferred onto the towers that help the bridge stay firm the weight of that is supported by the tower is focused onto the ground,  reinforcing the tower feet into the ground and keeping the bridge upright.

Anchorage block

The anchorage weighs more than the cables which are holding the up the deck, this attributed to the ability to withstand a very big portion of the deck. It must also be strong enough to withstand the weight of the traffic and vehicles which cross the bridge at any given time. Mostly the anchorage blocks are made up of concrete as it is relatively strong and heavy. The anchorage blocks appear at both ends of the bridge.

Foundation tower

The towers must have a strong and secure foundation due to the weight which is pushed down on the towers. The foundation of the towers is pushed much below the ground to prevent the tower from tilting and to ensure that they are strong enough and vertical to with stand the weight from the cables.

Truss

The road is constructed underneath the deck to support it. The truss does not only support the deck but also it assists in stiffening the deck which on the other hand reduces the chances of it swaying vertically

The various parties who will be involved in the construction of the suspension bridge include:

The surveyor

The surveyor will be contracted to provide with the provision of information regarding the site such as the topography, size, features on and beneath the ground and the location of the site. This information will be very essential in planning and execution of the project.

The architect

The architect will assist in the formulation of the requirements and ensure that clients and the entire project understand the design of the suspension bridge. The involvement of the architect in the execution of the project is very advantageous in that all the parties who will be sub-contracted will be made to understand what is expected of them.

The engineers

There are various who will be contracted in the construction of the suspension bridge. Such as the civil engineers who will carry out the structural analysis of the bridge before construction to ensure that it meets all the structural requirements. The electrical engineer who will be involved in the installation of electrical devices and features and also carry out maintenance and repair to the equipment and machines during the construction period. The mechanical engineer who will be contracted to fix mechanical components such as the drainage of the bridge.

Critique of existing ideas

The quantity surveyor

The quantity surveyor will be contracted during the early stages of the project implementation to prepare all the cost plans as soon as the architect is done with the design. The materials which will be used in the construction are determined at this stage, and all the changes which require being made are agreed upon at this stage.

The builder/contractor

This is the professional in the physical construction which will be contracted. His role will be general to construct the suspension bridge.it is his/her role to look for other experts in different areas to subcontract with them to ensure that the project runs smoothly.

All the parties who all discussed above will be involved in the execution of the project. Some of them will enter into a contract with the client directly while others will be subcontracted by the main contractor.

Conclusion

In conclusion, there are many issues that surround the construction of the suspension bridge. The two main problems are the disputes which arise from due to the poor communication and lack of collaboration between the different parties who are involved in the execution of the project.

The New Engineering Contract (NEC3) offers the best solution to the problems encountered construction of civil engineering projects and achieve s practically all the requirements for the modern contract.

A suspension bridge refers to the type of bridge whereby the load-bearing part is hung below suspension cables on the vertical suspenders. The first ever constructed suspension bridge was during the early 19^th century. The suspension cables which are used must be anchored at each other at the end of the bridge; this is because any load which is applied to the bridge is transformed into tension in the main cables. The main cables which are used in this bridge extend beyond the pillars to the deck-level supports, and further continues beyond the pillars to the deck-level supports and continues to connect with the anchors which are located at the ground (United States. Department of Commerce. Office of Field Services, 2017, p. 76).

 The deck (load-bearing portion) is supported by vertical suspenders rods which are referred to as hangers the towers sits on a canyon in some situations or a bluff edge.

Construction of the suspension project was selected as a complex civil engineering project because it involves the construction of various structural parts of the bridge which are very relevant to the civil engineering profession. The construction of the suspension bridge will involve the many experts from the construction industry which will bring about the different responsibilities to be subcontracted to other parties from the main contractor.

Identifying limitations of data, methods, or results

The research was carried out to analysis the selection of different types of contracts, contractual mechanisms; use and interpretation of the NEC3 standard form of the contract within the construction to ensure that the projects run smoothly from the start to the end. The research will focus on the following (the United States. National Labor Relations Board, 2016, p. 163):

Appraising the basic contractual relationships/mechanism and procedures that are involved at both the pre- and post-contract stages of the contraction of the suspension bridge and relate the principle to the formation of the contract in English.

Applying the NEC3 standard form of the contract to the design and construction scenarios with the critical awareness of its characteristics and then evaluate the role and obligations of the parties who are involved in the construction of suspension bridge.

During the selection of the appropriate methods which I was to use in carrying out the research, I considered the following.

The existing NEC3 literature was available.

The appropriate method to be used in analysing and interpreting the qualitative and quantitative data.

The number industry professional with the NEC3 experience.

Choosing the appropriate method in carrying out the studying culture of the NEC3 in the construction of a suspension bridge.

The office of the government commerce (OGC) on 14 July 2005 approved the contract claiming that it was meeting all the requirements which have been set by the UK government. in achieving better delivery of services in engineering and construction industry.

The endorsement which was made was renewed in 2009 may and in 2013 April following the updated 2013 version of the NEC3.from the literature review which has been carried out many benefits have been established which are directly associated with endorsement of the NEC3 in the construction sector.

An establishment of the contractor and the client.NEC3 has been able to successfully adopt both the contractor and the client.

Simple language is used in NEC3 form of contracting which makes it very easy for the parties which are getting into the contract to understand each other easily and also all the terms and conditions becomes very easy to understand

There is better clarity in the adoption of the NEC3 in the construction of civil engineering projects as compared to the tradition contractual mechanisms.

The NEC3 has been previously applied in many civil engineering projects in different parts of the world. From the information which is available, it is very clear that the projects which implemented the use of NEC3 were carried out successfully. Different options were applied which includes the conventional activity schedule contract for constructing.

Consequences of the strongest idea

In the projects which have failed to adopt NEC3, it is associated with lack of external and internal drive. For the UK it was in the state of change because they were driven by the Latham Report which was published in 1994.Many projects of civil engineering are missing governmental or external over-riding pressure to enable them to adopt the NEC3.

An establishment with the contractor and the client.NEC3 has been able to successfully adopt both the contractor and the client.

The language which is used in the NEC3 is simple and clear which makes it very easy to understand. The language of the contact is straightforward. It can be easily translated thus promoting understanding between the different parties who enter into a contract.

There is better clarity in the adoption of the NEC3 in the construction of civil engineering projects as compared to the tradition contractual mechanisms (Institution of Civil Engineers (Great Britain), 2015, p. 87).

During the research, I encountered some challenges which made it very difficult for me to obtain data. Some of the participants who are in the construction industry were not willing to be interviewed. Some of the data which was obtained from the secondary sources such as books and journals did not contain information about NEC3 or other contractual mechanisms. Which forced me in some areas to on assumptions

The NEC is mostly used in the United Kingdom. Most of the other countries their printed literature about the NEC3 is very minimal. Most of the information which I obtained was from industrial documents which were published discussing various elements of the NEC. (Varottil, 2017, p. 65).

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Observing ethics in research

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Exploratory research design

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