Late disputes and the NEC3 Engineering and Construction Contract

2.50
Hdl Handle:
http://hdl.handle.net/2436/613017
Title:
Late disputes and the NEC3 Engineering and Construction Contract
Authors:
Ndekugri, Issaka E.
Abstract:
One of the reasons for project owners’ choice of the NEC3 Engineering and Construction Contract (ECC) is the avoidance of the risk of claims and disputes long after project completion. In a number of cases the court has been presented with difficult questions concerning adjudication after project completion and delayed reference of adjudicated disputes to the applicable final tribunal. The cases have not been from projects procured with NEC contracts. This paper critically examines these questions, the court’s answers to them and their implications for the NEC3 ECC family of contracts. It concludes that, in the drafting of future editions of the contract, the promoters of the contract should consider provisions targeted at: ensuring that the test of awareness for the purposes of the Clause 61.3 time-bar is on an objective basis; conclusive evidence clauses that impose a disincentive against seriously delayed challenges to assessment of compensation events and payment; and providing that the decision of an adjudicator becomes finally binding if the dispute decided is not referred to the tribunal within a stated period.
Publisher:
Institution of Civil Engineers
Journal:
Proceedings of the ICE - Management, Procurement and Law
Issue Date:
2-Apr-2016
URI:
http://hdl.handle.net/2436/613017
Additional Links:
http://www.icevirtuallibrary.com/doi/full/10.1680/jmapl.15.00037
Type:
Article
Language:
en
ISSN:
1751-4304,
Appears in Collections:
FSE

Full metadata record

DC FieldValue Language
dc.contributor.authorNdekugri, Issaka E.en
dc.date.accessioned2016-06-14T09:39:00Zen
dc.date.available2016-06-14T09:39:00Zen
dc.date.issued2016-04-02en
dc.identifier.issn1751-4304,en
dc.identifier.urihttp://hdl.handle.net/2436/613017en
dc.description.abstractOne of the reasons for project owners’ choice of the NEC3 Engineering and Construction Contract (ECC) is the avoidance of the risk of claims and disputes long after project completion. In a number of cases the court has been presented with difficult questions concerning adjudication after project completion and delayed reference of adjudicated disputes to the applicable final tribunal. The cases have not been from projects procured with NEC contracts. This paper critically examines these questions, the court’s answers to them and their implications for the NEC3 ECC family of contracts. It concludes that, in the drafting of future editions of the contract, the promoters of the contract should consider provisions targeted at: ensuring that the test of awareness for the purposes of the Clause 61.3 time-bar is on an objective basis; conclusive evidence clauses that impose a disincentive against seriously delayed challenges to assessment of compensation events and payment; and providing that the decision of an adjudicator becomes finally binding if the dispute decided is not referred to the tribunal within a stated period.en
dc.language.isoenen
dc.publisherInstitution of Civil Engineersen
dc.relation.urlhttp://www.icevirtuallibrary.com/doi/full/10.1680/jmapl.15.00037en
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/4.0/*
dc.subjectConstructionen
dc.subjectEngineeringen
dc.subjectDisputesen
dc.subjectAdjudicationen
dc.subjectNECen
dc.subjectContracten
dc.titleLate disputes and the NEC3 Engineering and Construction Contracten
dc.typeArticleen
dc.identifier.journalProceedings of the ICE - Management, Procurement and Lawen
dc.date.accepted2015-08en
rioxxterms.funderInternalen
rioxxterms.identifier.projectUoW140616IENen
rioxxterms.versionAMen
rioxxterms.licenseref.urihttps://creativecommons.org/CC BY-NC-ND 4.0en
rioxxterms.licenseref.startdate2016-06-14en
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