This section presents the aspects of the treaty that are particularly important for the project to which the contract relates. It is a timetable for the variables in the agreement and conditions. It is important that the variables are compatible with the corresponding operating mechanism in the agreement, conditions and timetables, as disputes can arise when one of the parties applies the contractual information without referring to the appropriate operational clause. In this case, J N Bentley Ltd ("Bentley") carried out civil engineering work on a hydroelectric power station in Scotland for RWE Npower Renewables Ltd ("RWE"). The agreement included nec3 Engineering and Construction Contract Conditions Data Sheets Parts 1 and 2, Post Tender Clarifications, Works Information and Site Information and, importantly, contained a preference clause order. Dalkia Utilities Services Plc ("Dalkia") argued that the adjudicator did not have jurisdiction because WSP Cel Ltd ("WSP") had not brought the dispute within the time limit set out in clauses W1.3 (1) and W1.3 (2). WSP argued that the adjudicator had been granted jurisdiction in accordance with the provisions of the consent agreement, which amended the decision procedure by replacing the time limit for referring a dispute to the decision under clauses W1.3 (1) and W1.3 (2). The case focused on whether the adjudicator had jurisdiction to determine its own jurisdiction in a final dispute, under the parties` consent agreement that amended the provisions of clause W1.3(1) and W1.3(2) of the NEC3 Professional Services Contract. The recitals contextualise the agreement and act objectively on the basis of the contract. Seven recitals describe what is needed and what events took place. Ramsey J. also considered whether the final settlement dispute, without the approval agreement, fell under substance 4 of the Adjudication Table or reasons 1 or 2.
It found that just because a claim is part of a claim composed at the end does not necessarily change its nature under the NEC conditions mechanism. Claims based on compensation events should be dealt with under the compensation mechanism and all disputes arising either from an act of the employer or from the employer`s failure to take action are subject to the decision referred to in reasons 1 or 2. These claims are not altered by the fact that they become "any other matter" after sol 4 simply because they are included in the final count and are part of a larger compound requirement. If they are covered by reasons 1 and 2, they should remain there, unless the right is not based on an act or inaction of the employer. The "statutes" define the essential obligations of the parties concerned. . . .