NEC collaboration starts with clause 10, which requires the Parties and those acting for them to do what the contract says and to act with mutual trust and co-operation. It works in practice when you turn it into specific behaviours: warning early, replying on time, sharing information and raising disagreement quickly.
In NEC3 these two obligations sit together in 10.1, while NEC4 Engineering and Construction Contract (ECC) splits them into 10.1 and 10.2. Read the clause 10 guide for the contract terms. This page is about how to run it, as part of the wider guide to managing NEC contracts.
What clause 10 won't do
- It doesn't replace the procedures. A friendly relationship doesn't stop the eight weeks in 61.3 running.
- It doesn't forgive missed deadlines. Someone's goodwill may help, but don't rely on it as a contract right.
- It doesn't mean agreeing with everything. Saying no with reasons, in time, is entirely consistent with it. A Project Manager who rejects a poor quotation properly is doing the job.
- It doesn't let anyone rewrite the deal. How far it adds to the contract's specific terms is a legal question. If you think you need to rely on it in a dispute, take advice.
The behaviours, specifically
| Behaviour | What it looks like | What it isn't |
|---|---|---|
| Warn early | Raising a problem as soon as you become aware, before you have the answer (15.1) | Waiting to see if it goes away |
| Reply on time | Giving an answer within the period, or asking for more time before the period ends (13.3, 13.5) | Silence as a negotiating tactic |
| Give reasons | Saying what's wrong and what would fix it (13.4) | "Not accepted" with nothing further |
| Be open with cost | Showing the build-up in a quotation; explaining an assessment | A lump sum with no working, or an unexplained cut |
| Solve together | Discussing options for an event before pricing them (62.1) | Arguing about whose fault it is first |
| Notify, without drama | Treating a compensation event as the normal way to deal with change | Treating each one as a hostile act |
| Raise disagreement quickly | Telling the other side and escalating to the right level | Saving it up for the final account |
A worked example
A fictional sewer job. The Contractor finds a clay layer that makes its proposed tunnelling method unworkable.
A poor version: the Contractor sends a long letter citing 60.1(12). The Project Manager rejects it on the first day, saying the risk was the Contractor's. Both then take advice. Six weeks go by with nothing resolved, and the job stands.
A better version: the Contractor issues an early warning the same day, and a notification. The Project Manager calls an early warning meeting, and the Client's engineer attends. They look at the ground data and agree two possible methods. The Project Manager gives an answer on 60.1(12) within the week, with reasons. If it is a compensation event, alternative quotations are instructed under 62.1. If not, the Contractor still has the Project Manager's view in time to refer it on, and the Parties have agreed which method saves time. The disagreement about who pays, if any, doesn't hold up the work.
The second version doesn't require anyone to give anything up. It only takes the Parties to use the contract's own steps quickly.
How to build it in
- Agree a short behaviours list at the kick-off meeting. Keep it to around five items, and make them specific enough to test.
- Measure both sides. Reply performance, age of compensation events and warnings raised, reported jointly.
- Keep a senior contact pair. An issue that stalls for a week should go to them, informally, before it becomes a formal matter. See Senior Representatives for the formal version.
- Protect the Project Manager's independence. A Client who steers the decisions undermines trust. The Client and Project Manager should agree how they work together, within what the contract allows. See the Client's role.
- Review it. Take ten minutes in a monthly meeting to ask each side what the other could do differently.
- Consider Option X12 or X20 if you want formal partnering or incentivised performance. Neither replaces the behaviours above. See Option X12.
The main thing to avoid is using "the spirit of the contract" as an argument for ignoring its words. Trust is built by doing what the contract says, on time, every time.
Related guides
- Managing NEC Contracts: A Practical Guide
- An NEC Guide for Contractors
- An NEC Guide for Clients
- An NEC Guide for Subcontractors
- Keeping a Clear NEC Audit Trail
- Managing NEC Subcontracts
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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.