BuildLaw Issue 34 December 2018 | Page 15

- Appointing and instructing the Alliance Manager;
- Resolving any disputes between the Alliance19
The Alliance Board also has the power to alter the scope and add partners to the Alliance as required. If the Client’s Requirements are changed then that is a Compensation Event as would be expected. However, the Client is on the Alliance Board meaning their requirements can’t be changed without their agreement.
The Alliance Manager has a similar role to the project manager in a standard NEC contract save for in one crucial respect. This is, namely, that he or she is acting on behalf of the Alliance Board NOT the Client.
The Alliance Manager must act in accordance with instructions from the Alliance Board and also the Implementation Plan more generally.20 The NEC Guidance Notes state that for major projects the Alliance Manager will no doubt have staff to assist them in carrying out their duties.21 This is perhaps to be expected given that projects using alliancing tend to be higher value.

The Implementation Plan and the Programme
There are two key documents which govern the project as a whole. These are:
1. The Implementation Plan; and
2. The Programme.
The Implementation Plan sets out the management structure for the Alliance, roles and responsibilities, delegation by the Alliance Board, the use of common systems and processes22 and (rather widely!) “any other information which the Alliance Board requires to be included” which is either in the documents referred to in the Contract Data or in an instruction.
The provisions in respect of the Programme, as you might expect for NEC contracts, require detailed provisions for float, time risks, health and safety requirements and procedures within the contract generally. Access dates, information deadlines and breakdowns of operations are also required.23 If the Programme is set up properly (and updated regularly as per the intervals provided for in the Contract Data24) then it will obviously be a powerful project management tool.