What does NEC mean? NEC (formerly “New Engineering contract”) describes the widely used suite of standard-form construction and engineering contracts published by the Institution of Civil Engineers. It is not defined in legislation; the term is a descriptive label for these standard forms. The current edition is NEC4 (first issued 2017 and periodically updated). NEC3 remains in circulation on legacy and ongoing projects. Core forms include the NEC4 Engineering and Construction Contract (ECC), Professional Services Contract (PSC), Term Service Contract (TSC), Framework Contract (FC), Supply Contract (SC) and the Alliance Contract (ALC). Key legal features include collaborative drafting, proactive risk management (early warnings and the...
Read More
Explores the Allocation of risk and the insurance obligations within the NEC Engineering and Construction Contract (ECC). It identifies the insurances each party is expected to maintain, including Contractor’s All Risks insurance and public liability cover, and indicates the scope of cover to be in place...
For wider context on NEC3 and NEC4, and how insurance is addressed under other standard forms, see:
This guidance applies to both the NEC3 and NEC4 editions of the ECC. For consistency, the term ‘Client’ is used throughout, aligning with NEC4 usage for the developer/employer (the NEC3 ECC uses ‘Employer’). For defined NEC expressions, refer to Practice Note: NEC contracts—glossary. Where no distinction is made between clause numbers, all clause references in this Practice Note are intended to apply to the corresponding provisions in both the NEC3 and NEC4 versions of the ECC...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...