USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH

Ayad Al-Shammari, Mustafa

	USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH
Journal of Engineering and Sustainable Development
Article 1, Volume 21, Issue 3, 2017, Pages 1-11
Author
Mustafa Ayad Al-Shammari
Abstract
Sometimes in building and construction projects, the sub-contractor may bring a claim made by the main contractor or the employer against the contractor, and then the latter will often seek to settle this claim. The case "John F Hunt Demolition Ltd v ASME Engineering Ltd [2007] EWHC 1507 (TCC)" , which was under the Joint Contracts Tribunal (JCT), provides an example of this situation when the contractor (as sub-contractor in this case) settles the employer’s or main contractor’s claim, and then claims against his sub-contractor (as sub-subcontractor in this case) to recover these sums. This research is undertaken to discuss contractual issues connected to the above mentioned case, and to appraise the legal liabilities that associated with its contractual failure, and then it will appraise those liabilities under the NEC3 form of contract in order to enhance an interpretation of the NEC contracts and provide evaluation of legal implications under different legal provisions
Keywords
NEC; Joint Contracts Tribunal; NEC contracts; legal liabilities; contractual failure

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