NEC4 contracts—what’s changed? [Archived]

The following Construction practice note provides comprehensive and up to date legal information covering:

  • NEC4 contracts—what’s changed? [Archived]
  • Publication of NEC4
  • Terminology
  • Section 1—General
  • Clause 10.1
  • Subcontractors
  • Communications
  • Value engineering
  • Inconsistencies
  • Early warning procedures
  • More...

NEC4 contracts—what’s changed? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note summarises the changes made in the NEC4 standard form construction contracts as compared to the NEC3 editions. It focuses on the NEC4 Engineering and Construction Contract (ECC), however many of the changes in the ECC are representative of those found across the NEC suite more widely.

The NEC describes NEC4 as building on NEC3 in a way which is an ‘evolution not revolution’. Most of the changes found in NEC4 appear to have been made to reflect good practice and/or reduce the need for Z clauses (ie bespoke amendments).

For more information about NEC contracts generally, including how they are structured, see Practice Note: NEC contracts—introduction.

Publication of NEC4

The NEC4 contracts were published by the Institution of Civil Engineers on 22 June 2017. NEC4 editions of the following contracts, and associated guides, were released (italicised items are entirely new to the suite):

  1. Engineering and Construction Contract, Engineering and Construction Short Contract, Engineering and Construction Subcontract and Engineering and Construction Short Subcontract

  2. Design, Build and Operate Contract

  3. Professional Service Contract, Professional Service Short Contract and Professional Service Subcontract

  4. Term Service Contract, Term Service Short Contract and Term Service Subcontract

  5. Supply Contract and Supply Short Contract

  6. Framework Contract

  7. Dispute Resolution Service Contract (this was the ‘Adjudicator's Contract’ in NEC3)

A new Alliance Contract was

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