Share on LinkedInShare on LinkedIn

ARTICLE · 14 JULY 2025

A New Tool In Town? The NEC Conflict Avoidance Option

Fenwick Elliott LLP
Fenwick Elliott LLP
Contributor
Fenwick Elliott LLP

Fenwick Elliott LLP

Fenwick Elliott provides a comprehensive range of legal services on every aspect of the...

View firm profile
Explore more from Fenwick Elliott LLP

The Conflict Avoidance Pledge, which promotes collaborative working and early intervention techniques, continues to gain signatories. Its key promoters include not only RICS, but the ICE, ICC, DRBF, CIARB and RIBA.

United KingdomReal Estate and Construction

The Conflict Avoidance Pledge, which promotes collaborative working and early intervention techniques, continues to gain signatories. Its key promoters include not only RICS, but the ICE, ICC, DRBF, CIARB and RIBA. Whilst adjudication is a highly effective form of dispute resolution (in that disputes often go no further), there is no doubt it can damage commercial relationships if not used carefully. Tight timetables and the occasional late night do not necessarily assist matters. It perhaps not surprising then that parties are looking for other options to prevent the cost (both in terms of time and money) and uncertainty that disputes are unfortunately accompanied by.

However, the right to adjudicate "at any time" where the Housing Grants Act applies means that Option W2 of NEC4 is frequently the one selected by necessity in England and Wales. Whilst this does have a Senior Representatives' process, which should hopefully remove some of the risk associated with

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

This article is based on recent summaries from the Fenwick Elliott Dispatch, a monthly newsletter which highlights some of the most important legal developments during the last month, relating to the building, engineering and energy sectors. You can find further details here: https://www.fenwickelliott.com/knowledge-hub/dispatch-articles/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from