What does NEC3/NEC4 mean? nec3/NEC4 refers to successive editions of the NEC suite of standard-form construction and engineering contracts for procuring and delivering works, services and supplies. Widely used across the UK and Ireland, the label is not defined in legislation or case law; it is industry shorthand for the 2005 (updated 2013) NEC3 suite and the NEC4 suite first issued in June 2017 and since amended. Key legal features include an obligation to act in a spirit of mutual trust and co‑operation, proactive management through early warnings, programmes and compensation events, clear risk allocation, and main pricing Options A–F. The suites include aligned...
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The Supply Contract, known as the ‘SC’, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). Most construction practitioners are more familiar with the NEC3/NEC4 Engineering and Construction Contract (EEC); however, where an employer intends to purchase Goods or plant and material in relation to a project, the NEC3/NEC4 Supply Contract can also be included as part of the documentation for that project.
The Supply Contract may equally be used on a standalone basis to buy goods when a significant level of management control is required; but—as with any contract—it should be considered carefully to ensure its terms do not conflict with any other non‑NEC contracts used in relation to the same project.
It is designed for the purchase of high‑value goods together with related services.
The NEC have produced it with the intention that it be more even‑handed between buyer and seller than parties’ own standard terms and conditions of supply are likely to be.
The NEC3/NEC4 Supply Contract can, for example, be used to procure high‑value Plant and machinery in the mining or energy sectors, or for heavy manufacturing or production facilities...
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 ]...