This Practice Note looks at Option X12 of the NEC3 and NEC4 contracts, entitled ‘Multiparty Collaboration’ in NEC4 and ‘Partnering’ in NEC3. It is one of the secondary Options in the NEC contracts, which can be selected by the Client (the ‘Employer’ in NEC3) to tailor the contract to its particular needs or the needs of the project (see Practice Note: NEC contracts—introduction).

Option X12 was originally derived from the Construction Industry Council’s ‘Guide to Project Team Partnering’. It was first issued in June 2001 as a secondary Option (Option X12), for incorporation into the NEC2 Engineering and Construction Contract (ECC).

Like the other secondary Options, Option X12 supplements the Core Clauses and selected main Option. In the case of Option X12, it is incorporated in order to introduce partnering concepts and mechanisms into an NEC contract (see Practice Note: Partnering).

Option X12 is largely the same in NEC4 as it was in NEC3, in terms of substance. However, some of the provisions are worded a little differently, for example the Partners now ‘collaborate’ rather than ‘work