Contract Data

NEC Contract Data is the schedule that turns a standard form into your contract. It supplies the facts the clauses point to: the names, dates, periods, percentages and the location of the documents. Without it, many clauses would have nothing to act on.

Any term in italics in the conditions is identified there. So a clause might simply say a reply is due within the period for reply, leaving the actual number to the Contract Data entry. The Client completes part one and the Contractor part two. For the layout section by section, see the NEC4 Contract Data guide; this page focuses on how the term works and where it goes wrong. It's one of the core NEC definitions.

Why a small entry has a large effect

Most parts of the contract read the same on every job. The Contract Data is where they diverge. Change one entry and the clauses behave differently:

Entry	What depends on it
Period for reply	When a late reply becomes a compensation event under 60.1(6)
Boundaries of the site	What counts as the Site, and so access and physical conditions
Where the Scope and Site Information are	Which documents have contractual force at all
Weather place and data	Whether a bad month becomes a compensation event under 60.1(13)
Defects date and defect correction periods	How long Defects can be raised, and how quickly they're put right
Fee percentage	Every compensation event assessment and, on cost-based Options, every payment

A worked example

A fictional depot extension. Part one says the Scope is in "the tender documents". Those include a specification, drawings, a pre-construction information pack and a 40-page set of tender queries and answers. During the job, a tender answer says the Contractor will supply temporary fencing, but the specification says the Client will.

Which applies? Because the entry doesn't list the documents, there's first an argument over whether the query answers are part of the Scope at all. If they are, there's an inconsistency for the Project Manager to resolve under clause 17.1. If not, the specification applies and the answer has no force. A list of document titles and revisions in the entry would have ended the argument before it began.

What people get wrong

• Leaving a blank. A blank may be a choice or an oversight, and those read very differently later. An unfilled interval or period can mean a procedure simply doesn't run as intended.
• Vague document references. "As issued" or "the latest drawings" invites a dispute over versions. List documents by title, number and date.
• Entries that don't match the chosen Options. A bonus rate with no Option X6, or Option X7 with no delay damages rate, leaves you guessing what was intended.
• Old edition templates. Copying NEC3 entries into an NEC4 contract brings the wrong terms and misses new entries, such as the early warning meeting interval.
• Reading the entries in isolation. Entries depend on the clauses that use them, so check both together. A short defects date may look fine until you consider what it does to the search period.
• Overlooking part two. The Contractor's part holds the fee percentage, working areas and key people, among other things. These are as binding as anything the Client wrote.

Check before signing

1. Tick every Contract Data statement against the Options chosen in the first section.
2. Find every italic term you can in the clauses you'll use most, and confirm there's an entry.
3. Check each period and interval is stated in clear units.
4. List the Scope and Site Information by document title and revision.
5. Read Client and Contractor entries side by side for conflicts.
6. Record the date of the final version and give everyone the same copy.

Changing it later

Treat the Contract Data as fixed once the contract exists. A few values have their own routes, such as a changed Key Date, but a general change to the terms needs both Parties to sign under clause 12.3. The Project Manager can't alter it by email, however helpful that would be. If an entry turns out to be wrong, the fix is a signed amendment. See who the Parties are for more on this.

Related guides

• NEC Definitions: A Glossary of Key Terms
• Contract Date
• Defect
• Defect Correction Period
• Completion
• Completion Date

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.