Practice Notes

We regularly release practice notes to assist our users with applications of the NEC forms of contracts. They provide guidance and best practice recommendations.

Read the Practice Notes that have been released for the NEC Contract Suites.

Early Contractor Involvement (ECI) - Using Option X22

The advantages of using Early Contractor Involvement prior to proceeding to the construction stage of a project are increasingly being recognised by clients and their suppliers. For clients who may be considering using ECI for the first time and/or who may wish to obtain further guidance before doing so, there are some key issues to consider including:

  • How to select a Contractor when a firm price is not provided at the appointment stage and
  • How to establish the construction cost before starting the construction stage.  

NEC has now released this practice note which considers the issues that need to be taken into account at the procurement stage and gives advice on how to establish the most advantageous offer. It provides guidance on what should be included in the Pricing Information, how to manage submissions in stage 1 and how to agree a price for the construction stage.

This practice note is based on the secondary option (X22) available for use with the NEC4 Engineering and Construction Contract (Options C or E).

Including the Living Wage in the NEC4 Facilities Management Contract (FMC)

NEC, alongside the Institute of Workplace and Facilities Management (IWFM) and the Living Wage Foundation, are pleased to present this latest guidance on incorporating the living wage into an NEC4 Facilities Management Contract (FMC).

This practice note is written to highlight the importance of paying the Living Wage throughout the supply chain. It is particularly appropriate for contracts which include the provision of ‘soft services’ such as cleaning and security.

Including Social Value in the NEC4 Facilities Management Contract (FMC)
NEC, in partnership with the Institute of Workplace and Facilities Management (IWFM) and the Social Value Portal (SVP), have released a new practice note highlighting the importance of social value, particularly in UK public sector contracts. Whilst written for the NEC4 Facilities Management Contract (FMC), the guidance in the practice note is equally important and valid for other NEC forms of contract.

NEC4 ECC Practice Note 1 - Assessing delays due to compensation events

NEC has issued a free Practice Note for assessing delays due to compensation events. The Practice Note has been prepared for use on the NEC4 Engineering and Construction Contract and the approach should be followed on other NEC4 Contracts.

This practice note has been revised. Download version 1.1 below.

NEC4 ECC Practice Note 2 - How to use the CIC BIM Protocol with NEC4
NEC has issued a practice note on how to use the Construction Industry Council (CIC) Building Information Modelling (BIM) protocol with NEC4.

NEC4 ECC Practice Note 3 - Implementing the requirements of Regulation (EU) 2016/679 (GDPR)

This note provides guidance on the information that needs to be included in an NEC contract which includes the processing of personal data as defined in the GDPR in order to comply with Article 28.

NOTE: Similar provisions are needed in the Works Information or equivalent of an NEC3 contract which requires the processing of personal data. The terms should be changed to reflect the defined terms in the appropriate NEC3 contract.

If an NEC3 or NEC4 contract has already been awarded, the Scope (or equivalent) may need to be changed to add in any of these provisions that are not already covered by the contract. Such a change would be a compensation event.

NEC4 ECC Practice Note 4 - Offsite modular construction
This practice note explains how the NEC4 suite of contracts can be used to support the use of offsite modular construction.

NEC4 ECC Practice Note 5 - Using an independent Dispute Avoidance Board (DAB)
Using a Dispute Avoidance Board for contracts covered by the Housing Grants, Construction and Regeneration Act 1996 This practice note has been prepared due to feedback from UK based users who would like to use an independent Dispute Avoidance Board (DAB), rather than using the parties’ Senior Representatives to resolve disputes in a contract where W2 would normally be used. The DAB would be similar to that contained in Option W3 of the NEC4 Engineering and Construction Contract (ECC), as part of a consensual dispute resolution process.