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Category Archive: NEC3 Contracts


Reviewing Assessments under NEC3

June 25, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, NEC3 Contracts

In the sixth first instance decision in the long-running dispute of Imperial Chemical Industries Limited (“ICI”) v Merit Merrell Technology Limited (“MMT”) the court assessed the quantum disputes between the parties. In an extensive judgment, the court considered a wide … read more


Termination for Repudiatory Breach of Contract

November 3, 2017| NEC3 Contracts

A contracting party commits a repudiatory breach of contract when it commits a breach so serious that the innocent party is deprived of substantially all the benefit of the contract. This allows the innocent party to accept the repudiatory breach, … read more

Construction Scene

Assessing Compensation Events

July 26, 2017| NEC3 Contracts

NEC3 contracts, with their emphasis on proactive contract management, require compensation events to be valued using forecasts of the cost of the additional work. However, it is often the case that the compensation event procedure is not operated properly and … read more


New NEC4 Contracts Announced

March 3, 2017| NEC3 Contracts

The NEC publishers have just announced the publication of the NEC4 suite of contracts in June 2017. NEC have described the new NEC4 suite as building upon the content of NEC3 in a way which can be described as “evolution … read more

Ignoring The Express Contract Terms – Will The Courts Uphold An Alternative Arrangement?

July 26, 2015| Construction Contracts, NEC3 Contracts

It is common for contracting parties to depart from the strict terms of their contract for their own convenience. However, as demonstrated in the recent case of Mears Limited v Shoreline Housing Partnership Limited, adopting alternative arrangements to those set … read more