Frequently Asked Questions

We are client preparing an NEC4 Engineering and Construction Contract (ECC). Given the extreme temperatures during summer this year in the UK and the changing climate, will there be any changes to the standard weather measurements in the contract data part one to account for high temperatures as well as low temperatures? We are aware of the introduction on secondary option clause X29 in relation to climate change, but this is separate to our question.

There are no plans to make this change soon. The standard weather measurements in the contract data are, for many climates, relevant measurements when considering the risks to time and monies that the weather may pose.

While drawing up a specific contract, the parties should review the standard measurements to ensure they are relevant to the climate at the place the works will be carried out. If they are not, they should be removed from the contract data. The parties should also consider what other weather measurements may be appropriate to add, in which case these can be added in the box in the standard contract data entry. An obvious example would be hot weather in many parts of the world.

In addition, the parties must make sure there is a suitable local weather station that keeps the records necessary to calculate the once-in-10-year return average, which will be a statistical calculation. If there is no suitable weather station for any or all of the weather measurements chosen in the contract data, the parties should state in the contract data what the assumed values of the once-in-10-year return average in the box provided in the contract data.

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