ABSTRACT

The New Engineering Contract was first published by the Institution of Civil Engineers in 1993. The second and subsequent editions of the form are known simply as the New Engineering Contract (NEC), with the second edition, NEC2, published in 1995. The latest edition is NEC4, which commenced publication in 2017 and was completed in 2018. The NEC4 Engineering and Construction Contract (ECC) comprises core clauses, main option clauses and secondary option clauses. The core clauses are set out in nine sections and apply in all ECC contracts. The core clauses allow for a flexible amount of contractor design, enabling the form to be used in traditional design-bid-build, design-build and management procurement. When preparing the contract for use, it is first necessary to select one of the main options. The secondary options can then be considered and incorporated as appropriate. Once the make-up of the contract content has been determined, the statements of contract data can be completed.