As readers will be aware, there has been a trend in recent years towards more collaborative methods of contracting in the construction and engineering industry. Alliance contracting is one method that has been gaining momentum. In this post, we will look at the way in which the NEC4 Alliance Contract (“ALC“) ensures collaboration through its … Read more
Seoul Head of Disputes, Mike McClure, recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the globe. In collaboration with Of Counsels, Dan … Read more
The NEC Form of Contract is now in wide use. The first clause says that the parties “shall act as stated in this contract and in a spirit of mutual trust and co-operation”, often referred to as “good faith”. What this means in practice is a question of importance for the construction industry, both in … Read more
In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor’s potential design liability under the NEC Form of Contract. It concluded that the contractor was not obliged to guarantee the performance of the works where Option M (X15) was adopted so … Read more
