New Engineering of old challenges

In this Talking Point, we look at the legal status of the Project Manager's assessment under the NEC3, as well as the duties and roles of factual and expert witnesses. This case is of particular interest as it deals with final account disputes under the NEC3, which has not been the subject of many published decisions.

The decision of Imperial Chemical Industries v. Merit Merrell Technology (No. 3) [2018] EWHC 1577 (TCC) deals with the quantum issues following from the judgment on liability handed down in July 2017 (see our April 2018 Talking Point). In the liability hearing, the Court held, amongst other things, that the claimant (ICI) repudiated the contract, but was entitled to recover any overpayment from the defendant (MMT). The quantum disputes involve the value of MMT's works as at the date of repudiation and the amount of damages MMT is entitled to as a result of ICI's repudiation.

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