Waleed Tariq Academy homeNEC Case Law, Clause by Clause · The law of the contract at Aldermere
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NEC Case Law, Clause by Clause · Lesson 4 of 4

The law of the contract at Aldermere

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Why it matters

Which law reads the Aldermere contract, and which cases bind?

Can a case in this course bind a court there?

  1. 9 Apr 2025Ben Okafor, the Client's head of legal, confirms the .
  2. GBP 56,000on CE014. Leila Moss, Merrow Vale's commercial manager, will cite English cases.

Source: ECC 12.2. Aldermere Contract Data part one.

The rule

Contract Data names the law, the language and the tribunal

Weigh a case by the law entry, never the language.

“The contract is governed by the law of the contract” (12.2)

12.2Law

Governs the contract and each case's weight.

13.1Language

Writing is in it. It sets no law.

W1.4

Arbitration or the courts, deciding finally.

Source: ECC 12.2, 13.1, W1.4(4). Contract Data part one.

The rule

Under W1 no court hears a dispute before the Adjudicator has

A court sees an Aldermere dispute only at the end of this path.

“unless it has first been referred to the Adjudicator” (W1.4(1))

  1. Senior RepresentativesW1.1
  2. AdjudicatorW1.3
  3. TribunalW1.4

Source: ECC W1.1(1), W1.4(1).

See it on the project

Courts at Aldermere follow their own higher courts and no UK court

The country has a system. Its courts often cite English decisions as persuasive.

Aldermere's own ladderCases in this courseIts supremecourtIts othercourtsUK courtsPrivy CouncilOther systemsbindspersuades only

Leila finds a UK case on her point. Can she call it binding at Aldermere?

No. Courts at Aldermere follow their own higher courts. She can cite it as persuasive, and say why it fits.

ECC 12.2

Source: Module 0. Aldermere Contract Data part one.

See it on the project

Leila writes a case check note before UK Grid goes in her statement

Her statement is due by 10 August, one week after the referral of 3 August.

What to writeCase check: UK Grid Solutions (2024)

Court and level: Court of Session, Outer House,

Kind of hearing:

What it decided: the adjudicator's decision is enforced. He had dealt with the set-off defence.

What a judge only said: [any remark, or none]

Contract: NEC3 ECC, Option A, with Z clauses. Nearest NEC4 ECC clause: 63.1

Weight at Aldermere: background only on the assessment point

Appeal check: 5 August 2026, [where she searched], [result]

Source: ECC W1.1(2). Module 0. UK Grid Solutions v Scottish Hydro Electric Transmission (2024).

Try it

Label each decision's weight in a court at Aldermere

Leila labels her cases this way before she cites them.

Decision 1 of 5

…

Source: Module 0.

Quick check · The law of the contract

Two questions on what you have just covered

Pick an answer to see why.

Quick checkPick an answer to see if you are right and why
1Suppose a colleague says English cases bind at Aldermere because the contract is in English. What is the right reply?
Law and language are separate entries
He is right, as language sets the law
He is right for notices in English
2Suppose Merrow Vale wants a court to rule on CE014 on 4 August 2026, the day after its referral. What does W1 say?
It must go to the Adjudicator first
It may go to court on a point of law
It may go to court once Dana, the Project Manager, agrees

2 questions to answer

Source: ECC 12.2, 13.1, W1.1(1), W1.4(1).

Recap

Read the law entry before you weigh any case

Module 1 starts from here.

On Monday at work

  • Check the law and the tribunal in Contract Data part one.
  • Write a case check note before a case goes in a notice.
  • Take a W1 dispute to the Adjudicator before any court.

In the Toolkit: NEC4 Contract Checklists (ECC and ECS) (Excel) Members

Next: the module check

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Independent course material. It is not published or endorsed by NEC, and it is not legal advice. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023. Cases decided under an earlier edition are matched to the NEC4 clause that does the same job. The worked examples and their people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: ECC 12.2, 13.1, W1.4(1).

Go deeper (optional)

Where the law and the place of the work part company

Skip it if you are short of time.

Does the place of the Site matter?

For statutes, yes. The UK Construction Act reaches work in England, Wales and Scotland, whatever law the Parties chose. That decides between W1 and W2.

Do UK courts always agree?

No. On concurrent delay a Scottish court may apportion, and English courts have not followed that (City Inn in Module 6).

How is a W1 decision enforced?

As a contractual duty between the Parties, not as an arbitral award (W1.3(10)).

Source: ECC W1.3(10). Module 0. Module 6.