NEC Users' Group Briefing Product code: L07103

May 10 th

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NEC3: Interpreted and Evolved

Consideration of recent caselaw and overseas experience on NEC3 and key changes in NEC4

One of the challenges in using or advising clients dealing with the NEC forms is the limited number of publicly available decisions on the suite.  The speakers will share with us recent judicial decisions on the NEC and practical implications arising.  There will also be a discussion on key changes under NEC4 and things to watch out for.  
An overview of recent experience in the UK and how NEC is operating in South Africa, where NEC contracts have been used extensively since the first edition was launched in 1993, will also be provided.
The Users’ Group briefing sessions have received very positive feedback from participants who find the discussion topics timely and useful in helping them achieve projective objectives, as well as having the opportunity to share up-to-date industry information with peers.
Users Group Members can enjoy this event for free.
Register today to secure your place.
Why attend?
Led by the Government, the industry is seeing a steady roll out of the NEC form of contract on various projects.  It is therefore important for practitioners to familiarise themselves with the operations of NEC3 and new features introduced by NEC4.
Who should attend?
Practitioners in the industry including employers, consultants, contractors, sub-contractors and counsel and advisers handling related issues.               
18:00 Registration
18:30 Opening
18:35 Presentation/Open discussion
19:50 Wrap up / Q&A
20:00 Networking
Mr Robert Gerrard, Secretary, NEC Users' Group Secretary
Robert specialises in NEC contracts, both setting these up and successfully managing them. He has over 30 years’ experience in contract management and carries out training around the world. Robert is also an Accredited Mediator.
He is an Examiner for the ICE Certificate in Law and Contract Management (CLCM) and has also held the position of NEC Users’ Group Secretary from 2006 to date.
His publications include NEC2 and NEC3 Compared, 2005, joint author in NEC3 Practical Solutions, was an NEC4 Contract Drafter and part of the NEC3 contracts working group.
Robert can be contacted on or on +44(0)20 7664 2446.

Mr Damon So, Partner, Hogan Lovells (Hong Kong)

Damon is a partner in the Construction and Engineering Practice of the Hong Kong office of Hogan Lovells. He has been ranked as "Leading Individual" by legal directories for construction legal practice and is the Honorary Legal Advisor to the American Society of Civil Engineers, Kwong Yuet Tong and the Hong Kong Institute of Construction ManagersDamon So initially qualified as a Chartered Civil and Structural engineer. Since becoming qualified as a lawyer within the Construction & Engineering Practice, he has advised clients on the full remit of issues that clients may face in the construction sector. Damon has significant experience in advising on a variety of construction related contracts using various standard forms including NEC3 form and helps clients prepare and negotiate such contracts. Damon has handled a large amount of construction related arbitration, litigation and alternative dispute resolution over the years.

He is an Accredited Mediator and sits as an arbitrator. He has spoken widely on construction related legal topics. He is an author of various arbitration and construction related publications.

Mr Clive Rumsey, Partner, Hogan Lovells (Johannesburg) – via video link
Clive Rumsey is the Practice Area Leader of the Construction and Engineering sector in the Johannesburg office of Hogan Lovells.
 He represents parties to construction contracts in dispute resolution procedures including litigation, mediation, adjudication and arbitration, under ICC, Association of Arbitrators, Arbitration Foundation of South Africa and UNCITRAL Rules, and has acted in a number of high-profile matters in South and Southern Africa.
Clive advises employers, contractors, suppliers and professionals in the construction industry on various standard forms of contracts including NEC2, NEC3, NEC4, FIDIC and JBCC, in both contentious and non-contentious matters.
Recent contentious experience includes representing a power utility in multiple adjudications and arbitrations relating to a pumped underground storage scheme.
Recent non-contentious experience includes updating and preparation of NEC3 templates for a large multinational.
Clive has been recognised form 2008-2017 in The Best Lawyers in South Africa for Construction, and has been recommended in Who's Who Legal, in Legal 500 and is rated Band 1 in Chambers Global for Construction and Dispute Resolution 2018.

Mr Jeremy Brittenden, Partner, Hogan Lovells (London) – via video link

Jeremy is a partner in the Hogan Lovells' Infrastructure, Energy, Resources and Projects practice, based in London. He is also a member of Hogan Lovells' international Construction and Engineering team.
Jeremy has over 24 years’ experience advising on construction and development issues across a range of sectors, including  airports, ports, warehouses/logistics, rail, roads, offices,  multi-use (retail and leisure)e, ATC (buildings, systems and equipment),  stadiums, IT systems, EfW, power, petrochems, renewables,  defence, marine, and motor vehicles.
Jeremy has worked with a variety of structures, including EPC, EPCM, PM, BOT, BOOT, D&B, DBO (etc.), and has structured and re-structured projects.  He has worked with a range of standard forms, including JCT, NEC, ICE, ICC, IChemE, MF/1, MF/2, and FIDIC (including Silver, Yellow, Orange, Red, White and Green). Jeremy has also advised on development agreements, agreements for lease, consortium/construction joint ventures arrangements (both incorporated and unincorporated), O&M/FM outsourcing, subcontracting, security packages and all other ancillary arrangements.
Jeremy is currently advising Vodafone on the Hinkley Point C project which is being contracted on NEC 3 terms.

Ms Joyce Leung, Senior Associate, Hogan Lovells (Hong Kong)

Joyce is a senior associate in the Construction and Engineering Practice of the Hong Kong office of Hogan Lovells.
Joyce has undertaken a wide range of non-contentious construction work, including advising and drafting contracts and other related documentation for employers, contractors, consultants and statutory bodies.  She has advised on various construction legal issues, including matters relating to contract interpretation, defects, delay, variation and payment. Joyce also has extensive experience in a range of commercial and contentious matters, including litigation and arbitration proceedings, with a particular focus on construction disputes.
She is a Contributor to "The Annotated Ordinances of Hong Kong – Arbitration Ordinance (Cap. 609)" and is acknowledged for her contribution to the "Hong Kong Civil Procedure" since 2009 and "Hong Kong Legal Practice Manual: Civil Litigation" published in 2012.

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