Cockshut Stream restoration, Lewes, UK

NEC has been used to restore a rare chalk stream habitat in south-east England. Client Lewes District Council in partnership with Ouse and Adur Rivers Trust let the Cockshut Stream realignment project to contractor Ebsford Environmental under an NEC4 Engineering and Construction Contract (ECC) Option A (priced contract with activity schedule). Advantage RSK was the NEC project manager and CBEC Eco-Engineering was the client’s designer and the NEC supervisor.

Design started in 2022, and the works were completed on programme and budget during the spring and summer of 2023. The £0.7 million project involved realigning a 754 m long channelised reach of the 3 km long stream south of Lewes to a natural meandering course, thereby restoring 6.8 ha of wetland wildlife habitat and reducing downstream flood risk. The works included creation of a flood embankment and building two pedestrian bridges for public access. 

The small but highly successful project won the People’s Choice Award and Landscape Award at the 2024 South Downs National Park Design Awards, and was covered in the national press. 

Contract clarity 

Advantage RSK associate director Sameer Shinh says NEC4 ECC Option A was selected because it provided the right level of construction management for the relatively low-value, low-risk project. ‘The core clauses clearly specified the client’s objectives, contractor’s obligations and how the contract would be administered by the project manager and quality assured by the supervisor.’

He says NEC also gave the parties a clear format for the contract data, scope and site information. ‘The underpinning NEC elements – such as the obligation to act in a “spirit of mutual trust and co-operation”, working to an accepted programme and dealing with issues as soon as possible – suited all parties too.’ 

Shinh says as the project manager had a pool of accredited NEC4 project managers, it drafted the contract for the client based on the detailed technical specification provided by the designer and supported the client through the procurement phase. ‘We also proposed some Z clauses to meet the client’s specific needs without placing any unnecessary additional risk on the contractor.’

Clear communication 

He says the contract worked well during construction. ‘All parties communicated clearly throughout and were transparent in their dealings and issues. Frequent NEC early warning meetings were arranged by the project manager to ensure that risks were mitigated quickly and collaboratively.’ 

Shinh says payment applications and compensation events were also assessed in a timely manner and clear reasoning was given if the project manager’s assessment did not match the contractor’s. ‘Constant and collaborative communication resulted in the final assessment being agreed soon after completion, with the contractor being able to comply with the contract in all cases.’

He says there were several lessons learnt during the project. ‘A more intricate, logic-linked programme would have enabled quicker assessment for extensions to the completion date. More monitoring of work away from the site provided by others would have allowed the contractor to reschedule resources, while introduction of more items in the activity schedule would have assisted with the contractor’s cashflow.’

Shinh says despite the challenges, the client, project manager, supervisor and contractor dealt with all issues without any contention. ‘The team delivered a successful award-winning project on programme and budget. The client and associated rivers trust trusts are now considering NEC contracts for future projects.’

Benefits of using NEC

• NEC clearly set out the client’s objectives, contractor’s obligations and how the contract would be managed and supervised.
• NEC obligations to act in a ‘spirit of mutual trust and co-operation’, work to an accepted programme and deal with issues as soon as possible suited all parties.
• NEC early warning meetings ensured that all risks were mitigated quickly and collaboratively.
• NEC-inspired collaboration and clear communication resulted in the final assessment being agreed soon after completion.