UK: The New Engineering Contract: A Progress Report

Last Updated: 20 November 2006
Article by Philip Boulding QC MA LL.B (Cantab)


1. The "New Engineering Contract" (NEC) has:

  • become increasingly popular,
  • particularly in the public sector,

since the first edition was published in 1993.

2. A second edition (NEC2) was published in 1995, when it was renamed the "Engineering and Construction Contract". Points:

  • NEC2 became the norm for many central government agencies, including the Environment Agency and NHS Estates ‘Procure 21’.
  • It is also well used by local authorities, and is becoming more common in the private sector.
  • It is used, for example, by BAA on all projects including Heathrow Terminal 5.

3. The third edition (NEC3) was launched in July 2005. Points:

  • NEC3 stands as a ‘Suite’ of construction contracts designed to meet the needs of a variety of projects.
  • Included in the Suite are three forms of Engineering and Construction Subcontract, a Professional Services Contract, a Team Service Contract and a Framework Contract.

4. The Office of Government Commerce:

  • Now recommends that public sector procurers use the NEC3 contracts on their construction projects
  • It has stated that NEC3 "now complies fully with the Achieving Excellence in Construction principles, using simple language and modern project management techniques."

5. In fact, the list of high profile projects using NEC3 is ever expanding. Points:

  • In April 2003 the Olympic Delivery Authority selected it for the London 2012 Olympic Games projects.
  • NEC3 is also reported to be used extensively overseas by clients including Eskom, Anglo Platinum (Mining), Transnet and ABSA Bank of South Africa.

6. Sir Michael Latham provided the following comments (for the NEC Users’ Group newsletter):

"In my 1994 report ‘Constructing the Team’ I said the first edition of the then New Engineering Contract met 11 of the 13 principles that characterised an effective, modern construction contract – far more than any other contract form then available.

Within a year the NEC 2nd edition came out and became the only contract to comply with all 13 principles. It is thus not surprising that the NEC 3rd edition remains at the forefront of best practice, becoming the first contract to meet all criteria of the UK Government’s Achieving Excellence in Construction initiative.
In addition to supporting the Office of Government Commerce’s recommendation that NEC3 be used by all public-sector construction procurers, I also commend its adoption by any private sector client wishing to procure their construction work on time, within budget and without litigation.

Looking to the future, in just seven years’ time the British construction industry has an unprecedented opportunity to prove its world-class status when it unveils £2.4 billion of state-of-the-art facilities for the 2012 Olympics. The procurement race is about to start – and I can think of no other contract form better-suited to winning it than NEC3."

7. Despite such eminent approval:

  • the use of "simple language" in the NEC has not met with universal approval, and
  • on the whole the quality of its drafting is not often considered one of its greatest strengths.

An Overview Of The NEC/ECC Approach

8. There are three distinctive features of the NEC:

  1. The use of "simple language", and the present tense throughout;
  2. The emphasis on good project management by the Contractor and the Project Manager.
  3. The division of the contract into "Core Clauses" and "Options".

  • The Options allow for choice on such important matters as:
    • the basis on which the Contractor is to be paid,
    • and the dispute resolution procedure,
    • as well as a host of secondary options.

‘Simple Language’

9. The NEC has deliberately been drafted in non-legal language, and in the present tense throughout.

  • This is intended to make the contract easier to understand,
  • But frequently has the opposite effect.

10. It is not always clear whether it is intended to impose an obligation upon the Contractor or Project Manager. Points:

  • In conventional drafting (and in everyday language) obligations and optional activities are distinguished by the use of "must" or "shall" for the former and "may" for the latter.
  • NEC3 and its predecessors occasionally make use of these expressions, but more frequently is drafted as in the following example:

"A Partner may ask another Partner to provide information that is needs to carry out work in its own contract and the other party provides it."

11. It is ironic that one of the few instances that "shall" is used is in relation to a somewhat vague obligation:

"The Employer, the Contractor, the Project Manager and the Supervisor shall act as stated in this contract and in a spirit of mutual trust and cooperation"

12. The precise obligations and sanctions imposed for non-compliance are also often unclear.

  • For example, NEC3 provides (in common with its predecessor) at clause 27.3 that:

"The Contractor obtains approval from Others for his design where necessary."

13. The following are not apparent, at least from this clause alone:

  1. what criteria are to be applied to decide whether approval is necessary;
  2. what criteria are to be applied in deciding whether to give approval:
    • whether it is not to be unreasonably withheld, or
    • whether it is a matter entirely within the discretion of Others;

  3. what sanctions or consequences follow from a failure to seek approval, or a refusal of it.

14. Again, this is a drafting issue that occurs frequently. Points:

  • In some cases the answers to these questions can be deduced from the other provisions of the contract,
  • But despite the use of simple and clear language in what has been written, what is unsaid and what the contract means may be far from clear or simple to ascertain.

Project Management

15. One of the NEC’s perceived strengths is the emphasis on project management and partnership.

16. The general approach of the NEC forms of contract, which is to encourage the early identification and resolution of problems, has been retained in the latest edition. Points:

  • The contract is designed to encourage the proactive resolution of difficulties and "partnership,"
  • This is a concept which is reflected in hard cash in the "Target Cost" payment options, which are also the most frequently used.
  • Many of the changes in NEC3 are intended to increase that strength.

17. The role of Project Manager is of specific interest,

  • not only because of the importance of the role itself, but
  • because it became the focus of one of the few reported decisions on the NEC form of contract: Costain v Bechtel [2005] EWHC 1018.

I will consider that role specifically along with Jackson J’s judgment once I have completed my initial overview of NEC3, and considered the changes incorporated since NEC2.

Option and forms of the NEC contract

18. The NEC2 included several different contracts as have been mentioned above:

  • the Engineering and Construction Contract,
  • the Engineering and Construction Subcontract,
  • the Engineering and Construction Short Contract,
  • the Engineering and Construction Short Sub-contract,
  • the professional Services Contract, and
  • the Adjudicator’s contract.

19. NEC 3 adds a Term Service Contract and Framework Contract.

20. Thankfully NEC3 also includes a Procurement and Contract Strategies document to assist those faced with such a wide choice.

21. The contracts consist of nine ‘core clauses’.

  • The parties then select their preferred pricing option (options A-F).
  • These are known as the ‘main option clauses’:

Option A: Priced contract with activity schedule.

Option B: Priced contract with bill of quantities.

Option C: Target contract with activity schedule.

Option D: Target contract with bill of quantities.

Option E: Cost reimbursable contract.

Option F: Management contract.

22. Where appropriate, the contract is completed by the selection of one or more of the 17 ‘secondary option clauses’:

Option X1: Price adjustment for inflation.

Option X2: Changed in the law.

Option X3: Multiple currencies.

Option X4: Parent company guarantee.

Option X5: Sectional completion.

Option X6: Bonus for early completion.

Option X7: Delay damages.

Option X12: Partnering.

Option X13: Performance Bond.

Option X14: Advanced payment to Contractor.

Option X15: Limitation of Contractor’s liability for his design to reasonable skill and care.

Option X16: Retention.

Option X17: Low performance damages.

Option X18: Limitation of liability.

Option X20 Key Performance Indicators.

Option Z: Additional conditions of contract.

23. Despite the length of the list one should not be overawed:

  • Many of these options add only a short paragraph, and
  • For Options A to F the contract is published as a separate booklet.
  • The true test of acceptance of the NEC form is the extent to which the parties incorporate their own bespoke amendments with Option Z.

Principal Changes In The New Edition

24. New elements in NEC3 are:

  1. the addition of the Term Contract and the Framework Contract:
    • The Framework Contract uses just two additional pages to transform any other NEC contract into a framework contract;

  2. Option X18: Limitation of liability:
    • On large projects contractors often seek to negotiate limits on their potential liability and so it is preferable that a standard clause is available.
    • The clause and the blank spaces in the contract data pages (if filled in) provide limits of liability that can be set for different types of loss and damage.
    • That allows the user to have separate limits for indirect and consequential loss, liability from single events and design liability.
    • Space is also provided for a further limit covering the contractors total liability, but
    • It should be noted that that this sum excludes any liability for delay damages, or for performance damages or for loss or damage to the Employer’s property to the extent that the Contractor is liable under the contract terms in any event.
    • Space is also provided for a long stop liability date to be entered.

  3. Option X20 Key Performance Indicators:
    • The intention of the Option is to provide another financial incentive to a contractor.
    • In an incentive schedule Key Performance Indicators are agreed.
    • The Contractor’s performance is measured against what are intended to be clear targets.
    • If a target is achieved (or bettered) then the Contractor reaps a financial reward.
    • There is no penalty for under achieving.
    • Whether competitive tenderers will change the profit margins in their tenders in the hope that they can make up that money through the incentive scheme remains to be seen.

25. In addition, several changes have been introduced to the new edition of the NEC3 Engineering and Construction Contract (ECC) these include:

  1. The revision of the clauses which deal with the notification and procedure for dealing with Compensation Events;
  2. The introduction of a Risk Register, in clause 16.3:
    • This is kept up to date during the project by the Project Manager;
    • This is intended to become to central risk management tool.

  3. The provision for Key Dates
    • intended to be used for milestones that the Contractor is obliged to meet.

Compensation Events

26. The Compensation Event procedure is fundamental to the operation of the NEC contract

  • This is because all changes to the Contractor’s entitlement to additional money and to time for completion are through this procedure.

27. Clause 61.3 of NEC2 provided that the "the Contractor notifies an event which has happened or which he expects to happen to the Project Manager as a compensation event if" amongst other things "it is less than two weeks since he became aware of the event".

28. It was not at all clear what happened if the Contractor missed the 2 week period, and

  • this provision was frequently subject to bespoke amendment by employers
  • in particular, so as to provide that notification within time was a condition precedent to the Contractor’s entitlement.

29. In NEC3, clause 61.3 is amended to include the following:

"If the Contractor does not notify a compensation event within eight weeks of becoming aware of the event, he is not entitled to a change in the Prices, the Completion Date or a Key Date unless the Project Manager should have notified the event to the Contractor but did not."

30. This is obviously a compromise between the interests of contractors and employers,

  • But it may not be satisfactory to either party.
  • The Project Manager should have notified the event if it was an instruction or a change to an earlier decision, but when else?

31. Quotations for Compensation Events are retained, but

  • now the contract has more teeth in the event that the Project Manager falls behind in his administration and fails to notify whether he accepts or rejects a quotation.
  • After delay, notification from the contractor and a further delay there is deemed acceptance of the contractor’s quotation.

Introduction of the Risk Register

32. There has been, and remains, a scheme for the early identification of risks. Points:

  • The so called "early warning" system.
  • It is still the case that failure by the contractor to gave an early warning does not result in any penalty or change in the contractor’s entitlement for a compensation event if a foreseeable, but unforeseen, risk become reality.
  • (Clauses 61.5 and 63.5 result in a mere slap on the wrist.)

33. The risk register itself is

  • "a register of the risks that are listed in the Contract Data and the risks that the Project Manager or the Contractor has notified as an early warning matter. It includes a description of the risk and a description of the actions which are to be taken or avoided to reduce the risk".
  • It is maintained and amended (after agreement) by the Project Manager.

34. This is a document which is at the heart of the project management of the project. Points:

  • The expectation of draftsmen is that if risks are identified early enough it will often be possible to prevent risks from becoming reality.
  • Either the Project Manager or the Contractor can instruct the other to attend a risk reduction meeting.
  • It should be noted that the contract now states expressly that if a decision (on how to reduce risk) needs a change in the Work Information then the Project Manager instructs the change.

35. It does seem that the risk register and early warning system may be skewed in the Contractor’s favour.

  • For example the Contractor may give an early warning of maters which could increase his total cost.
  • It can then require the Project Manager to attend a meeting where the Project Manager is required to cooperate in seeking a solution to that will bring advantage to all affected (here the Contractor).
  • It is possible that a decision will be taken that requires a change to the work.
  • Is this a matter for which compensation should be payable?

Key Dates

36. Provision is made for key dates (milestones) by which the work is to have reached a particular state by a particular date. Points:

  • This is sensible.
  • There can be Other contractors of the Employer whose work has to be coordinated with the progress of work by the Contractor.
  • Clause 30.3 states:

"The Contractor does the work so that the Condition stated for each Key Date is met by the Key Date"

37. However, the contract also provides for the circumstances in which the Contractor does not.

  • This is found in clause 25.3.
  • Employers needs to take considerable care in respect of this clause.
  • The consequence of the Contractor’s failure are circumscribed. The only recovery the Employer can claim for is:

    • additional cost in carrying out work on the same project;
    • additional cost in paying an additional amount to Others in carrying out work on the same project.

  • Further, the assessment of loss is to be made within four weeks of the missed date, not the loss being incurred.

38. There is no possibility of recovery of further consequential loss suffered by the employer if the project as a whole runs late because one other contractor is prevented from starting when a key date is missed by the Contractor.

  • Completion of the Work by a particular date may, on some projects, be of less financial significance to the employer than the Contractor achieving a key date.
  • It is possible that Option Z (incorporating bespoke amendments) will come into its own here.

Role Of The Project Manager

39. As I indicated above, one of the few occasions when the construction of the NEC form has been tested in the Courts was in Costain v. Bechtel [2005] EWHC 1018.

40. Before I turn to that case, it would be useful to take a quick look at the Project Manager’s role as provided by the contract.

41. The Project Manager is appointed, and potentially replaced by the Employer. Points:

  • He plays a central role under the NEC.
  • Under NEC3 the PM is possibly even more significant that earlier editions.
  • The Employer has a relatively minor role, the Project Manager runs the show.
  • He issues instructions.
  • He maintains the risk register.
  • He reviews Contractor’s designs.
  • He monitor’s progress, approves programmes, and seeks quotations for acceleration.
  • He assesses compensation events for changes to the completion date or additional money.
  • He assesses the amounts due for payment.

42. These duties must be completed within specified timescales. Points:

  • A failure to respond results in a ‘deemed’ acceptance of the contractor’s notification/ quotation.
  • This provision is aimed at project managers who are not performing their duties diligently under the contract or
  • One who sit on the fence, for example, in making a determination as to a compensation event or the basis of the contractor’s assessment in a quotation.

43. The effect would be that the employer is fixed with the contractor’s interpretation of events or costs.

  • This may result in greater cost or time to the project which will be borne by the employer even where an event may not constitute a compensation event in the first place.
  • The Project Manager is thereby encouraged to perform his services diligently by the contract.

44. A cynic may think that:

  • This position provides the contractor with an incentive to overburden the Project Manager with requests in the hope to gain an advantage through the contract by exaggerating his claims.
  • If that were to be the case, the relationship between Project Manager and contractor could become increasingly strained.

45. In any event, it would appear that the role of the Project Manager under an NEC contract may be more complex and onerous than under an alternative form.

46. An example of this is found in Bechtel v Costain. Points:

  • There, Bechtel was the lead player in a consortium appointed as Project Managers for the Channel Tunnel High-Speed Rail Link Project.
  • Costain was part the consortium of appointed contractors.
  • The Employer was not a party to the action.

47. Care needs to be taken with the case because:

  • Of the limited legal hurdle required for the application that came to court.
  • However the case illustrates that even in a contract where the parties are required to "act in a spirit of mutual trust and co-operation" disputes may arise when the financial bottom line is under threat.

48. Also note:

  • The contractor was to be reimbursed on the basis of actual cost less disallowed costs.
  • The PM was to decide which costs were disallowed by applying the provisions of the payment clause.
  • After nearly four years a deduction of £1.4m had been made from costs of £264.2m.
  • There was then a sea change.
  • In the next month disallowed costs rose to £5.8m: a factor of four.
  • After a meeting of the project management team, rumours spread that Bechtel had been instructed by their manager to disallow legitimate costs.
  • It seems that the rumour was wrong, but that Bechtel had been instructed to "adopt a stricter attitude" and "aggressively disallow costs where [they] could" and to exercise their function under the contract in the interests of the Employer.
  • It seems, at the expense of impartiality.

49. Despite the limited scope of the decision the judge, Jackson J., expressed clear views that:

  • when his role required him to hold the balance between Employer and Contractor the PM was in the normal role of a certifier.
  • In those roles he was required to act impartially.
  • Only when this was not the case was the Project Manager entitled to act in the best interest of the Employer:

"contract C105 (and indeed the New Engineering Contract on which it is based) is more specific and contains more objective criteria than conventional construction contracts. Nevertheless, there are still many instances where the Project Manager has to exercise his own independent judgment, in order to determine whether the criteria are met and what precisely should be paid to the contractor or deducted from payments made to the contractor ...

I quite accept that in discharging many of its functions under the contract, the Project Manager acts solely in the interests of the employer. This is the case, for example, when the Project Manager is deciding which of two alternative quotations to accept. Nevertheless, I do not see how this circumstance detracts from the normal duty which any certifier has on those occasions when the Project Manager is holding a balance between employer and contractor".

50. It seems that litigation on the NEC contract has now reached the position that was reached on the RIBA / JCT series of contracts in 1974, Sutcliffe v Thackrah [1974] AC 727.

Conclusion: The Advantages And Disadvantages Of NEC3

51. I think that it would be useful to conclude with my own assessment of the advantages and disadvantages of the NEC form of contract.

  1. Firstly, while the language uses might be user-friendly to non-lawyers, the use of narrative, descriptive present tense causes concern to legal advisers who have to interpret its effect.
  2. While it is true that the NEC places a commendable emphasis on promoting good project management practice, it places the Project Manager in:
    • an extremely demanding role which demands an intense use of resources, and
    • a certain amount of uncertainty relating to areas where his duty of impartiality applies (Costain v Bechtel).

  3. Even the wide range of choice given by the Options can be criticised as being confusing to those unfamiliar to the NEC Suite.
  4. Although
    • NEC3 is considered the suitable choice for partnering and other collaborative arrangements,
    • the legal effect of the ‘spirit of mutual trust and cooperation’ provision remains uncertain.

  5. Finally, the risk register:
    • makes possible the early identification of risks,
    • but has led to concerns that it may be skewed in the contractor’s favour, obliging the Project Manager to cooperate to the contractor’s advantage.

52. For those:

  • familiar with the NEC
  • willing to accept the heavy administrative burden (and associated costs) that it is likely to result during the execution of a contract
  • NEC3 is a further step in the right direction for contracting.

53. It cannot be denied that:

  • few disputes where NEC has been used have reached the courts.
  • That is welcome.
  • Time will tell whether this continues to be the case as NEC3 becomes widely adopted.
  • It may be that the draftsmen’s have achieved a contract which distributes risk fairly and which replaces antagonism with cooperation.
  • Or it may be that there is a financial price paid by Employers using NEC to provide contractors with incentives and to achieve a reduction in disputes.
  • If such an analysis were available or possible it would certainly be interesting.

The articles and papers published by Keating Chambers are for the purpose of raising general awareness of issues and stimulating discussion. The contents must not be relied upon or applied in any given situation. There is no substitute for taking appropriate professional advice.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.