Has the Industry Really Changed Since Latham, Egan and the Birth of NEC?

EPISODE 4: Has the Industry Really Changed Since Latham, Egan and the Birth of NEC? The industry has spent more than three decades talking about collaboration, integration and better project outcomes. But has construction genuinely changed since Latham, Egan and the emergence of NEC — or have many of the same pressures, behaviours and commercial instincts simply evolved into new forms?

SUMMARY In the final episode of this first Beyond Clause 10 series, Dom and Jon step back to reflect on the wider evolution of the construction and infrastructure industry over recent decades. Drawing on personal experience from the claims era through to modern NEC4 delivery models, the discussion explores how procurement, adjudication, commercial pressure and supply chain dynamics have shaped industry behaviour over time. The episode examines both progress and persistent challenges: • partnering and frameworks, • early contractor involvement, • payment and cashflow pressure, • behavioural culture, • and the growing tension between collaborative aspiration and commercial reality. Ultimately, the discussion asks whether the industry is genuinely designing for better outcomes — or still relying on systems that quietly incentivise adversarial behaviour.

INTRODUCING THE DISCUSSION Throughout the conversation, Dom and Jon reflect candidly on the industry’s evolution and the lessons still not fully learned. The episode explores: • the legacy of the claims culture era, • why disputes became embedded commercially, • how NEC attempted to shift industry thinking, • and why people, behaviours and leadership remain the defining factors in project success. Alongside broader reflection, the episode also considers whether the industry’s expectations of the supply chain have become fundamentally unrealistic.

IN THIS EPISODE WE EXPLORE • The rise of the claims and disputes culture • Commercial pressure and “smash and grab” adjudication • Latham, Egan and the intent behind NEC • Frameworks, ECI and collaborative procurement models • Why some reforms changed language more than behaviour • Power dynamics within the supply chain • Unrealistic project expectations and delivery pressure • The relationship between margin, sustainability and resilience • Why project success remains fundamentally a people issue • Leadership, trust and long-term industry culture

REFERENCES AND THEMES • Latham Report • Egan Report • NEC philosophy and collaborative delivery • Early Contractor Involvement (ECI) • Adjudication and the Housing Grants Act • Supply chain resilience • Lencioni Five Behaviours • Trust, cooperation and leadership under pressure

REFLECTION Perhaps the industry’s greatest challenge is not a lack of knowledge. The principles of better delivery have been discussed for decades. The harder question is whether the industry is truly willing to align procurement, leadership, commercial models and behaviours with those principles — especially when projects come under pressure. Because ultimately, contracts can only create the framework. People still determine the outcome.