The NEC4 contract suite is designed for collaboration, but the introduction of Z-Clauses can fundamentally shift the risk profile of a project. In the South African context, we often see amendments that undermine the 'spirit of mutual trust and cooperation'.
The Danger of Ambiguity
One of the primary risks with Z-clauses is ambiguity. If a clause is not drafted with absolute precision, it leads to disputes during the adjudication phase. We recommend a forensic review of all special conditions before signing.