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Why Use NEC Contract Management Software?

The main reason to use NEC contract management software is that an NEC contract moves its money and dates through dated notices and replies, and many of those dates have a consequence if they pass unnoticed. Software won't make anyone better at NEC. What it can do is hold every running period in one place, show whose turn it is, and keep a history of what was actually done.

That is a narrower claim than you will usually hear, and it is the one worth testing. This page sets out the argument for the NEC4 Engineering and Construction Contract (ECC), notes where NEC3 differs, and points to the detail. It sits within the wider NEC contract management software guide.

What the contract asks for in an ordinary week

What NEC asks forStandard ECC ruleIf it slipsWhat stays with you
The Contractor notifies a compensation eventEight weeks from becoming aware it has happened (61.3)The Prices and dates don't change, with exceptionsKnowing it happened, and telling someone
The Project Manager replies to that notificationOne week, or longer if agreed (61.4)After a failure notice and two further weeks, it is treated as acceptedDeciding whether it is a compensation event
The Project Manager replies to a quotationTwo weeks (62.3)After a failure notice and two further weeks, the quotation is treated as accepted (62.6)Judging whether the quotation is right
The Project Manager answers a programmeTwo weeks (31.3)A compensation event (60.1(6)); under NEC4 only, treated as accepted a week after a failure noticeReading the programme
The Early Warning Register is kept upRevised within one week of each meeting (15.4; NEC3 clause 16 sets no period)Decisions and actions drift out of sightRaising matters early, and acting on them
Defined Cost records are kept, on Options C, D and EClause 52Cost the records can't justify can become Disallowed CostKeeping the records themselves

Your Contract Data and any Z clauses can change these periods, so treat the table as the standard form and not your contract. The full list is in NEC time periods.

The problem is mostly counting, not knowledge

Most experienced NEC people know these rules. The trouble is how the rules multiply. A single compensation event on a fictional job can start a chain like this:

  1. A site engineer sees the event. The eight weeks begin, though the commercial team may not know yet.
  2. The surveyor notifies it. A one-week reply now sits with the Project Manager.
  3. Quotations are instructed. Three weeks now sit with the Contractor.
  4. The quotation goes in. Two weeks sit with the Project Manager.
  5. A revised quotation is instructed. Another three weeks start for the Contractor, with the old quotation still to be kept.
  6. The event is implemented, and the delay it caused has to appear in the next revised programme.

That is one event, with several people involved, across both companies. Multiply it by the events open on a busy job, add the programme cycle and the payment cycle, and the difficulty isn't understanding the contract. It is knowing, on a given Tuesday, which of those dates is next and who has it. A person can do that, and many do. It just takes more time as the job grows, and it depends on that person being there.

What actually changes with a system

The date comes from the record. In a tracker someone types what happened, and a formula or a diary entry follows, if they remember. In a contract system, submitting the notice creates the record, and the reply date follows from the period held for that contract.

The next action has an owner. The useful question on any NEC contract is "what is waiting on us?" A system built round the process can answer it by side and by person, rather than leaving someone to read down a list. For a Project Manager's team, that is the difference between seeing a reply date and discovering a quotation treated as accepted.

Both sides work from the same facts. With a private tracker on each side, commercial meetings can start by reconciling the two. On a shared record, the argument can start with what the event is worth.

The history stays with the contract. The contract doesn't care that the surveyor who handled an event left last spring. When the question comes up later, you need to know who said what and when, and that shouldn't live in one person's inbox.

As one example, Contract Status gives each NEC process its own register, works out reply dates from the periods recorded on each contract, and shows what is waiting for your side on an Action List. It records what the two sides did and when. It doesn't decide who is right.

What software doesn't replace. Whether something is a compensation event, whether a quotation is fair, whether a programme is realistic: these are judgements, and they need people who know NEC. A system that shows a date to someone who doesn't understand it hasn't solved much. On a small, simple job with one careful owner, a spreadsheet can be enough.

Where the argument is weakest

A sceptical commercial manager should press on these points, and we would too.

  • It only knows what it is told. A site instruction or a phone call isn't on record until someone enters it. A tidy system can hide that gap.
  • The awareness date is still a human fact. No system knows when your site team first saw the obstruction.
  • It adds a discipline. Everyone has to use it, or the records stop matching what happened. If your team won't, the tool won't help.
  • Clause 13 still applies. Whether a message in a system counts as a contract communication depends on your contract, so check the Scope (Works Information in NEC3).
  • The value is uneven. It depends on your volume of change, your number of contracts and how well you run them now. A team that rarely misses anything gains mainly time.

The rest of the argument, piece by piece

Start with whether you need anything at all: do we actually need NEC software? gives an honest test, and the benefits by role sets out who gains what.

The contract mechanics each have their own page. See avoiding missed time bars for clause 61.3, why a contract needs a single audit trail for evidence, why email is a poor way to run an NEC contract for clause 13, and seeing your commercial position at a glance for registers and exposure.

If you want the view from your own seat, there are pages for Project Managers, contractors, clients, quantity surveyors and subcontractors.

Wider concerns are covered in managing many contracts, how good records reduce disputes and keeping NEC knowledge when people move on.

When you need to put a case to someone else, read what poor administration really costs, building the business case and answering your finance director's questions. To plan the move itself, see moving a live contract onto software.

If the argument fits your situation, the quickest way to test it is on one of your own contracts. Book a call and bring the awkward one, with its changed periods and Z clauses.

See how this works in practice

Click through Contract Status with sample contracts: raise the notice, reply to it, and watch both sides of one record.

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Test your NEC knowledge, use the free NEC tools or download free NEC templates.

This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.