
Show Notes
EPISODE 1 - MUTUAL TRUST AND COOPERATION: WHY IT'S EASIER SAID THAN DONE The industry has spent decades talking about collaboration. So why do suspicion, defensiveness and adversarial behaviours still appear so quickly once projects come under pressure? Have we genuinely changed the culture of project delivery…or simply changed the language around it?
SUMMARY In Episode 1 of Beyond Clause 10, Dominic Doig and Dr Jon Broome explore the origins of adversarial behaviour within the construction and infrastructure sectors — and ask why Clause 10 remains one of the hardest principles to consistently achieve in practice. Drawing on lived experience from the “old school” claims era through to modern NEC4 delivery environments, the discussion examines how procurement models, commercial incentives and professional behaviours continue to shape project culture today. The episode challenges whether the industry has truly evolved since Latham, Egan and the introduction of NEC — or whether many of the same instincts still exist beneath more collaborative terminology.
INTRODUCING THE DISCUSSION Throughout this conversation, Dom and Jon test the reality of mutual trust and cooperation against the live project conditions they have experienced. The discussion moves beyond contract wording to explore: • how trust is lost, • why defensive behaviours emerge, • how procurement structures influence outcomes, • and what genuinely differentiates high-performing project environments from adversarial ones. Alongside broader industry reflection, the episode draws heavily on personal experience from within live projects, commercial management, project management and dispute environments over several decades.
IN THIS EPISODE WE EXPLORE • The legacy of adversarial QS and claims cultures of the 80’s • Why Clause 10 is more a discipline rather than just a slogan • The impact of procurement and commercial incentives on behaviour • Why contracts alone cannot create collaborative outcomes • How mistrust easily develops within project teams • Whether the industry has truly evolved since Latham and Egan • What “good” actually looks like when Clause 10 is alive on a project
REFERENCES AND THEMES • NEC4 Clause 10 • Latham Report • Egan Report • Risk transfer vs risk intelligence • Behavioural drivers in project delivery • Commercial pressure and defensive contracting • Trust, cooperation and professional competence
REFLECTION The industry often assumes collaboration will emerge naturally once the right contract is signed. But perhaps the harder truth is this: Most projects inherit decades of commercial instinct, defensive behaviour and fragmented thinking long before delivery even begins. If Clause 10 is to become something more than contractual aspiration, then the industry may first need to confront the behaviours and incentives project cultures continue to reward.
More from Beyond Clause 10
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?
EPISODE 3: Seamless Project Teams: What Happens When We Stop Managing Contracts and Start Managing Relationships?
EPISODE 2 - Risk Intelligence vs Risk Transfer: The Procurement Choices That Decide Project Outcomes What if the biggest threat to collaboration is already embedded into the project before delivery even begins? In this episode, Dom and Jon explore how procurementstrategy, legal positioning and risk allocation often shape behaviours long before the first spade hits the ground.
BEYOND CLAUSE 10 INTRODUCTION Everyone talks about collaboration in construction and infrastructure delivery. But when programme slips, commercial pressure tightens, risks materialise and interface tensions arise— why do so many projects still fall back into adversarial behaviour? And if NEC4 Clause 10 is intended to underpin mutual trust and cooperation… why can it remain so difficult to make real in practice?