NEC clause 11 is the contract's dictionary. Clause 11.1 sets the convention: terms in italics come from the Contract Data, and terms with capital initials are defined. Clause 11.2 then lists the definitions. Once you know that, you can read any clause and tell at a glance where each word's meaning comes from.
The structure sounds trivial, but a good share of contract arguments come down to someone reading a term in its everyday sense. This page explains how clause 11 is built. Our NEC definitions glossary covers each term.
How the clause is built
| Part | What it does | Where to look |
|---|---|---|
| 11.1 | Tells you what italics and capitals mean | Core clauses |
| 11.2, core | Definitions that apply on every main Option | Core clauses |
| 11.2, main Option | Extra definitions for that Option, such as the Prices and what the contract calls the Price for Work Done to Date | Each main Option's own clauses |
| Secondary Options | Their own defined terms, stated in the Option | The Option's own clauses, or in NEC4 X10 and X12, for instance |
The list is one sequence, and an Option's items carry on the same numbering. So a definition doesn't always appear in the core list, even though it's used in the core clauses. If you can't find a term in the core list, look at the Option clauses.
NEC3 ECC core item numbers
These come from the NEC3 ECC text. NEC4 reorders and adds items, for example Corrupt Act and Early Warning Register, and renames others, so don't apply these numbers to NEC4.
| Item | Term | Item | Term |
|---|---|---|---|
| (1) | Accepted Programme | (11) | Parties |
| (2) | Completion | (12) | Plant and Materials |
| (3) | Completion Date | (13) | To Provide the Works |
| (4) | Contract Date | (14) | Risk Register |
| (5) | Defect | (15) | Site |
| (6) | Defects Certificate | (16) | Site Information |
| (7) | Equipment | (17) | Subcontractor |
| (8) | Fee | (18) | Working Areas |
| (9) | Key Date | (19) | Works Information |
| (10) | Others |
This page doesn't give a full NEC4 list. Item numbers differ between NEC4 forms, and the NEC4 subcontract has its own order, so a number like the Fee's 11.2(10) in the NEC4 ECC won't carry across. Your own copy is the only safe source for a number you plan to quote.
The same word, three ways
This example from a fictional job shows why capitals and italics matter.
| As written | What it is | Meaning |
|---|---|---|
| completion date | Identified | What the Contract Data says, for example 30 June |
| Completion Date | Defined | That date as later changed, perhaps now 14 July |
| completion, in a site report | Ordinary word | Whatever the writer meant, perhaps "the end of snagging" |
| Completion | Defined | The test in 11.2, decided by the Project Manager |
A monthly report that says "completion is planned for 30 June" could mean any of these. Writing that planned Completion on the Accepted Programme is 30 June, and the Completion Date is 14 July, removes any doubt.
What people get wrong
- Drafting with new capitals. If your Z clauses or Scope capitalise "Works", "Programme" or "Site Manager" without defining them, a reader may think they're contract terms. Define them or use lower case.
- Dropping capitals in letters. A letter about a "defect" leaves it unclear whether you're giving a contractual notification. Use the term as the contract does.
- Quoting item numbers from a different form or edition. Item numbers shift across forms, editions and main Options. The Prices, for example, are at (30) on NEC3 Option A and (31) on Option B. If in doubt, name the term and clause 11.2 together, and let the reader look it up.
- Thinking a definition stands alone. Each one is written to work with the clause that uses it. Read both.
- Forgetting 12.1. The next clause adds that the singular includes the plural unless the context shows otherwise, so a reference to a Defect can cover several.
For how the sections fit together, see the guide to how an NEC contract is structured. For changes between editions, see NEC4 terminology.
Related guides
- NEC Definitions: A Glossary of Key Terms
- Ambiguities and Illegal Requirements
- Period for Reply
- Clause 13: Communications
- Clause 14: Project Manager and Supervisor
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