Thursday, 12 September 2024
Forecast or Fantasy: Where is the NEC Dividing Line?
Claire King of Fenwick Elliott and Kort Egan of Gatehouse Chambers examine where the line sits between forecasting the impact of compensation events in accordance with the NEC standard form and submitting unsubstantiated and highly exaggerated claims. What does the NEC form actually provide for when providing quotations for compensation events prospectively? What are the safeguards that both the form itself and the applicable case law provide to stop one party seeking to take advantage of another? How can the problems that fanciful forecasts bring with them be avoided so that a project can progress as intended?