NEC3 Don't Look back in Anger - Retrospective Assessments of NEC Contract Compensation Events

Jonathan Brooks of Osborne Clarke and Ewen Maclean of Berkeley Research Group, explore how the NEC3 contracts look to assess compensation events prospectively, although both live NEC3 projects and disputes that end up in court tend to want to test retrospectively. This presentation considers the contractual and practical implications of this and how robustly the NEC contract will stand up to traditional methods of assessment through the courts.

After studying this course, you should be able to:-

1. Explain the risks of assessing compensation events retrospectively instead of prospectively.
2. Provide some practical example of how best to assess compensation events prospectively.