NEC Case Law, Clause by Clause · Lesson 4 of 4
The law of the contract at Aldermere
Why it matters
Which law reads the Aldermere contract, and which cases bind?
Can a case in this course bind a court there?
- 9 Apr 2025Ben Okafor, the Client's head of legal, confirms the law of the contract.
- 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)
Governs the contract and each case's weight.
Writing is in it. It sets no law.
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))
- Senior RepresentativesW1.1
- AdjudicatorW1.3
- 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 common law system. Its courts often cite English decisions as persuasive.
Leila finds a UK Supreme Court case on her point. Can she call it binding at Aldermere?
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.
Court and level: Court of Session, Outer House, first instance
Kind of hearing: enforcement only
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.
…
Binding
- A decision of Aldermere's own supreme court
Persuasive
- ICI v Merit Merrell Technology (2018), a TCC trial
- Sasol v Murray & Roberts (2021), South Africa
- A UK Supreme Court decision on English law
Background only
- UK Grid Solutions (2024), on how to assess
Source: Module 0.
Quick check · The law of the contract
Two questions on what you have just covered
Pick an answer to see why.
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
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?
Do UK courts always agree?
How is a W1 decision enforced?
Source: ECC W1.3(10). Module 0. Module 6.