Time Limits for NEC Disputes

NEC dispute time limits depend on the Option: under W2 you can start adjudication at any time, while W1 sets strict periods that can end the right to take a dispute further. Under both, a dissatisfied Party has four weeks from the Adjudicator's decision to give notice that it's going to the tribunal.

The NEC4 column below is from the NEC4 subcontract, which follows the same structure as the ECC. Periods can differ by form, and contracts are often amended, so check your own before relying on any date. For the context, see NEC disputes and termination.

W2: the Act applies

Step	NEC4 subcontract text	NEC3 ECC
Starting adjudication	Any time	Any time
Senior Representatives	Only if the Parties agree: statements in 1 week, then up to 3 weeks	No such stage
Adjudicator confirms	3 days	3 days
Referral	7 days from the notice	7 days from the notice
Further information	14 days from the referral	14 days from the referral
Decision	28 days from the referral, extendable	28 days from the referral, extendable
Notify the tribunal	4 weeks from notification of the decision	4 weeks from notification of the decision

W1: the Act doesn't apply

Step	NEC4 subcontract text	NEC3 ECC
Disputing an action or inaction of the contract manager	Refer to Senior Representatives within 4 weeks of becoming aware	Notify within 4 weeks of becoming aware. Refer to the Adjudicator 2 to 4 weeks later
Something treated as accepted	Refer within 4 weeks of that, by the paying side	For a quotation: notify within 4 weeks, then refer 2 to 4 weeks later
A Defined Cost assessment treated as correct	Refer within 4 weeks of that	No matching row
Any other matter	When the dispute arises	Refer 2 to 4 weeks after notifying
Statements of case	1 week	Not applicable
Senior Representatives' talks	Up to 3 weeks	Not applicable
Notice of adjudication	Within 2 weeks of the list of issues	Not applicable
Referral	Within 2 weeks of the notice	Covered above
Further information	4 weeks from the referral	4 weeks from the referral
Decision	4 weeks from the end of the information period	4 weeks from the end of the information period
Notify the tribunal	4 weeks	4 weeks

Under W1, a dispute not notified and referred in time can't go to the Adjudicator or to the tribunal later. Extensions are possible, but only if agreed before the date. The W1 guide has more.

The final assessment has its own windows

NEC4 clause 53 adds a further limit under both W1 and W2. The final assessment becomes conclusive unless a Party acts within the time allowed. In the subcontract text:

Action	W1	W2
Refer a dispute about the assessment	To Senior Representatives, within 4 weeks of the assessment	To Senior Representatives or the Adjudicator, within 4 weeks of the assessment
Refer issues not agreed	To the Adjudicator, within 3 weeks of the list	To the Adjudicator, within 3 weeks of the list
Take the decision further	To the tribunal, within 4 weeks of the decision	To the tribunal, within 4 weeks of the decision

So even W2's "any time" has a practical end for final amounts. This is a major NEC4 feature, covered in the final assessment guide and how NEC4 changed disputes.

Example: diarising a W1 dispute

A fictional NEC4 W1 contract outside the Act, using the periods above. On 1 February, the Contractor receives a decision from the Project Manager that it disputes.

1. Latest date to refer to Senior Representatives: 1 March (4 weeks), assuming awareness on 1 February.
2. If it refers on 15 February: statements of case by 22 February.
3. Talks finish, at the latest, three weeks after that, by 15 March, with a list of issues.
4. Notice of adjudication by 29 March.
5. Referral by 12 April.

Those dates assume a contract's periods match the table. Work them out again from your own text, and watch how the "weeks" fall.

A diary method that works

• Set the date when any decision lands, not when you start to feel unhappy with it.
• Note the date of awareness, and how you know it.
• Have one person own the list. Review it at each commercial meeting.
• Ask for extensions in writing, well before the deadline, and get them confirmed.
• Remember that talks don't stop any of these clocks unless the contract or a written agreement says so.

Other time limits to keep in mind

The contract's own periods aren't the only ones. The law sets limitation periods for bringing proceedings, which depend partly on whether the contract was executed as a deed. Take legal advice on how they interact with your contract. Also, some compensation event limits may have already passed by the time a dispute arises: see clause 61.3.

Related guides

• NEC Disputes and Termination
• The Tribunal
• Avoiding Disputes on NEC Contracts
• Termination Under NEC
• How Disputes Work Under NEC
• Adjudication Under NEC

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.