Chapter 8: The Wider Implications of the NEC4 ECC

In the last chapter we saw some of the specific consequences of the drafting. As always with contracts they exist in a legal context. In the context of the mechanisms to provide for extension of time a great deal has been written by commentators about other standard forms of contract and the general approach of tribunals to this issue. Some of that commentary is based upon an approach to the question of extensions of time which on the face of it might seem at odds with the approach taken in the NEC4 ECC. The approach to what is referred to as concurrent delay is one area that might seem at odds and a possible resistance to the use of predictive analysis is another. We will consider this in this chapter.