Unified Risk Approach for Construction Contracts: A Comparative Analysis of NEC, JCT, and FIDIC from a Contractor’s Perspective.

In the construction industry, effective contractual risk management is critical to the success and resilience of projects in avoiding the soaring construction disputes. However, construction contract risks are inevitable for the contracting parties due to the complexity of the Standard Forms of Contract (SFoC). This study investigates and compares risk management approaches across three widely used construction contracts: NEC 4, JCT Design and Build 2016, and FIDIC Yellow Book 2017, focusing on contractor-specific risks. Through a comprehensive analysis of contract clauses, industry practices, and existing literature, this paper identifies key commonalities and differences in how these contracts handle various risk categories, including financial, schedule, compliance, and legal risks. The findings reveal NEC contracts emphasize collaborative and flexible risk-sharing through early warning systems, while JCT contracts adopt a more rigid, structured approach that prioritizes clear, predefined processes. FIDIC contracts, on the other hand, strike a balance by providing structured yet adaptable frameworks for managing unforeseen risks. By synthesizing these insights, the study proposes a unified risk management approach that combines the strengths of each contract type, with a view to improve risk mitigation and project outcomes for contractors. This unified risk approach may serve as a guide for construction professionals seeking to adopt more resilient and effective risk management practices in diverse project environments.

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Publication Details

Journal
CIB Conferences
Published
2025-06-19
DOI
https://doi.org/10.7771/3067-4883.1743
Primary Topic
Construction Project Management and Performance
Type
article
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article

Unified Risk Approach for Construction Contracts: A Comparative Analysis of NEC, JCT, and FIDIC from a Contractor’s Perspective.

Chika Udeaja, Yuting Chen, Daniel Fong, Saad Rasool
CIB Conferences
Construction Project Management and Performance
article

Unified Risk Approach for Construction Contracts: A Comparative Analysis of NEC, JCT, and FIDIC from a Contractor’s Perspective.

Chika Udeaja, Yuting Chen, Daniel Fong, Saad Rasool
article en

Abstract

In the construction industry, effective contractual risk management is critical to the success and resilience of projects in avoiding the soaring construction disputes. However, construction contract risks are inevitable for the contracting parties due to the complexity of the Standard Forms of Contract (SFoC). This study investigates and compares risk management approaches across three widely used construction contracts: NEC 4, JCT Design and Build 2016, and FIDIC Yellow Book 2017, focusing on contractor-specific risks. Through a comprehensive analysis of contract clauses, industry practices, and existing literature, this paper identifies key commonalities and differences in how these contracts handle various risk categories, including financial, schedule, compliance, and legal risks. The findings reveal NEC contracts emphasize collaborative and flexible risk-sharing through early warning systems, while JCT contracts adopt a more rigid, structured approach that prioritizes clear, predefined processes. FIDIC contracts, on the other hand, strike a balance by providing structured yet adaptable frameworks for managing unforeseen risks. By synthesizing these insights, the study proposes a unified risk management approach that combines the strengths of each contract type, with a view to improve risk mitigation and project outcomes for contractors. This unified risk approach may serve as a guide for construction professionals seeking to adopt more resilient and effective risk management practices in diverse project environments.

CIB ConferencesVol. 1(1)
Openalex Percentile: Top 84%
Construction Project Management and Performance
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Unified Risk Approach for Construction Contracts: A Comparative Analysis of NEC, JCT, and FIDIC from a Contractor’s Perspective. — Chika Udeaja, Yuting Chen, et al. · CIB Conferences (2025) | TGRS Research Map | TGRS