Dispute Resolution

This chapter walks the practitioner through the NEC4 dispute resolution architecture, from the first notification under W1 or W2 to the tribunal that closes the matter. NEC4 disputes differ from those under JCT or FIDIC because the contract is administered prospectively, and the proceed-as-if-not-disputed principle keeps the works moving while a dispute is decided. The Senior Representatives stage, the W1 Dispute Reference Table, adjudication under W1 and W2, and the tribunal step are set out in turn, together with the Option W3 Dispute Avoidance Board that operates proactively as a standing panel rather than reactively as an adjudication-on-demand mechanism. The basis on which Adjudicators and tribunals decide is then set out, including the place of estoppel, waiver, and variation by conduct, and every NEC4 time-bar is consolidated in a single map ending in the clause 53.3 conclusive evidence rule. The chapter closes on the procedural failures that most often determine adjudication outcomes.