Clause 13: Communications

NEC clause 13 sets the rules for every formal communication on the contract: the form it takes, when it takes effect, how replies work and how periods can be extended. A notice that doesn't follow these rules may not count, however clearly its meaning was understood. A compensation event or Defect can stand or fall on this.

Unlike many clauses, it's largely the same across NEC3 and NEC4, with one notable NEC4 addition on communication systems. For the wider day-to-day process, see communications under NEC. This page goes through the clause itself and is part of the NEC definitions glossary.

The clause, rule by rule

Clause	The rule in plain English	Why it matters
13.1	Whatever the contract requires gets communicated so it can be read, copied and kept on record, in the contract's language	A phone call isn't enough. Email can be if it meets this test and nothing else in your contract rules it out
13.2	NEC4: if the Scope names a communication system, the message takes effect when sent through it. Otherwise, as in NEC3, it takes effect on receipt at the last notified address	Decides when the clock starts, and may mean an email outside the system doesn't count
13.3	Replies are due within the period for reply, unless the contract says otherwise	Sets the default. See how that period works
13.4	The Project Manager answers whatever's submitted for acceptance. If not accepting, it gives reasons, and the Contractor resubmits within the period for reply. Needing more information can be a reason	"Rejected" alone won't do. NEC4 expects reasons detailed enough to fix the problem
13.5	The period can be extended if the Project Manager and Contractor agree before the reply is due	An extension agreed after the deadline has passed doesn't fit the clause
13.6	Who issues certificates and to whom	Send it to everyone the clause names
13.7	A notification the contract requires goes separately from other communications. NEC4 says the same of certificates	Meeting minutes aren't a good way to give a notification
13.8	Withholding acceptance for a reason the contract states isn't a compensation event	For a reason the contract doesn't state, 60.1(9) can apply

A worked example

A fictional hospital project, with illustrative dates. The period for reply is two weeks. On Friday 2 May, at a weekly meeting, the site manager says a delay to a fire damper delivery is a compensation event, and the minutes record it. On 16 June, the Contractor sends a formal notice.

Question	Answer under clause 13
Were the minutes a notification?	Weak, because 13.7 wants it separate from other communications
Does that matter here?	Possibly not, if 16 June is inside the 61.3 period from when the Contractor became aware. It would matter if it weren't
What if the Project Manager's reply is late?	The reply to a compensation event notice has its own period under 61.4, not the general one, with its own consequence if missed
Can the reply be extended?	Generally only if agreed before it's due. Note that some periods have their own extension rules, such as 62.5 for quotations

Had the Contractor sent a one-paragraph email on 2 May and followed the usual route, none of this would need discussing.

What people get wrong

• Bundling notices. One letter covering an instruction, a notification and a reply saves time on the day but causes doubt later. Separate them.
• Assuming a portal upload is a communication. It depends on what the Scope specifies. If a named system exists, use it for contract communications. If not, a shared folder may not meet 13.2.
• Using old addresses. Under 13.2, the recipient's last notified address counts, and a change of office or inbox needs telling. If in doubt, notify the current details formally.
• Replying without reasons. It's often treated as a refusal to engage, and it may fail 13.4.
• Thinking only the Contractor's replies are timed. Clause 13.3 also applies to the Project Manager and Supervisor. A late reply can be a compensation event under 60.1(6).
• Treating silence as acceptance. In general it isn't. NEC4 has a few specific treated-acceptance rules such as programmes under 31.3, each with its own steps.

A short checklist

1. Is it in writing, in the contract language, and recordable?
2. Did it go through the right system or address?
3. Is it separate if it's a notification or NEC4 certificate?
4. Does it cite the clause it's made under?
5. Have you logged the date received, and the date a reply is due?

Our guide to tracking replies shows how to keep on top of the last point.

Related guides

• NEC Definitions: A Glossary of Key Terms
• Clause 14: Project Manager and Supervisor
• Clause 11: Identified and Defined Terms
• Ambiguities and Illegal Requirements
• Works Information
• Clause 10: Mutual Trust and Co-operation

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.