Briefing: Time-bar provisions of the NEC3 Engineering and Construction Contract clause W1.3

This briefing examines the scope of clause W1.3(2) of the NEC3 Engineering and Construction Contract, which bars the contractor from referring disputes concerning actions of the project manager to adjudication. The briefing highlights a tendency of adjudicators and judges to expand the ambit of a dispute about project managers’ actions to include a dispute about the product of their actions, as is demonstrated in the case of WSP Cel Ltd v. Dalkia Utilities Services PLC.