NEC Contracts: what do the courts think? - Archor LLP Webinar - November 2022

This is a recording of a webinar hosted by Archor, specialist construction lawyers, on 22 November 2022. NEC contracts are becoming increasingly common – but case law on what they mean and how they work remains relatively rare. Added to the fact that NEC requires a very different contractual approach to other commonly used contracts (in particular JCT forms), parties are often unclear about their position on NEC projects, which in turn can lead to disputes. In this webinar, Carolyn Porter and Oli Worth reviewed ten of the top NEC cases with the aim of shedding some much needed light on this form of contract. They looked at issues such as: • The ever-thorny issue of ‘the spirit of mutual trust and cooperation’ • Whether actual or forecast cost should be used to assess compensation events • The case that said omissions were a breach of contract – but the sub-contractor still couldn’t claim loss of profit • When the pain/gain share calculation should be applied • How the adjudication provisions of the NEC form operate Archor is a boutique construction law firm. Construction law – developments, disputes, and ad hoc advice – is all we do. Led by our six partners, we provide expert advice to clients in a way that is personal, responsive, and great value for money. Everyone at Archor has years of experience of working in the construction industry and being involved in projects big and small. So our knowledge and experience can be taken as read – but it’s the way we deliver our advice which sets us apart: we want you to receive a level of service well beyond your expectations. While naturally we try and make sure what we say in our webinars is accurate, it shouldn’t be relied upon on its own, and it is no substitute for legal advice. If you have a query, please contact us and we’d be happy to discuss it with you. For more information about this webinar or Archor generally, visit archor.co.uk.