NEC NEEDS CASE LAW

Or does it? A friend of a friend recently said(ish) that they could not advise or approve NEC for client use as there had been no major litigation on it and therefore they found it legally ambiguous.

'What' I hear you say. 'What complete tosh' I say! So let me get this right, there needs to be case law tearing standard form contracts apart limb by limb presumably overs years and years in order for somebody (no doubt quite bright) to be able to say, 'yes, this is proven contract, the Courts tried their best but could not find a way through'.

In the meantime our industries can hopefully get on and make some significant improvements to the way in which we do business, free of Court intervention if at all possible. If we can stop legal and other advisers pursuing 'interesting points of law', at the expense of somebody else, that seem to me to do little other than take from the balance sheet of other organisations then we will be well on our way to maturing as an industry.

Robert Gerrard