Notices Of Dissatisfaction Under NEC – Separate Challenges Needed

The Technology and Construction Court has provided a recent qualification to the requirements for notices of dissatisfaction under New Engineering Contract (NEC) conditions following an adjudicator's decision. The court found that 'the validity of an adjudicator's decision is of a fundamental[ly] different character from its merits', meaning that jurisdictional issues and substantive merit issues should be covered separately in any notice of dissatisfaction under NEC.

The law

Under NEC, the decision of an adjudicator applies unless and until it is revised by a tribunal, which can be the decision of a court, or a decision at arbitration. If the dispute relates to an NEC contract, a notice of dissatisfaction must be served within a stated period of time, if one of the parties wishes to challenge the decision.