A PAIN IN THE NEC

摘要

We are seeing more disputes on the NEC form than was previously the case, but this is no doubt linked to the fact that it is being used for public and quasi-public procurement, which are still relatively buoyant areas. With that caveat, it is notable how few reported disputes arise under the NEC. This may be because it came along at a time when adjudication was establishing itself: because the NEC requires adjudication as the first tier of dispute resolution, and adjudication does not give rise to reported authority (except in enforcements), it is not easy to be sure what areas of NEC are giving rise to disputes.