To replace a key person under NEC, you propose a replacement and need the Project Manager's acceptance. Clause 24.1 asks for the person's name, relevant qualifications and experience, and the listed reason to refuse is that they aren't as good as the person they replace.
The clause covers people named for a stated job in the Contract Data, and the number is the same in NEC3 and NEC4 ECC. Under the NEC4 subcontract, the submission goes to the Contractor. Anyone else on your team can change without this procedure.
Do this now
- Look up the Contract Data entry. Note the job stated against the name, and compare what the person actually does.
- Compare candidates against the leaver, not against the job description. That's the contract's test.
- Submit before the changeover if you can. The Project Manager has the period for reply, set in the Contract Data, to answer. Build that into the handover.
- Send it as a distinct submission for acceptance, so that the reply clock is clear.
- Diarise the reply date. A late answer is a compensation event under 60.1(6), though it doesn't count as acceptance.
- Warn early if the gap could affect time or cost, and say what cover is in place meanwhile.
What decides the answer
| Project Manager's response | What it means | Your next step |
|---|---|---|
| Accepts | The replacement takes the role. Your responsibility for the work doesn't change (14.1) | Record it and update your organisation chart |
| Refuses: qualifications or experience not as good | A reason the contract allows | Propose someone stronger, or fill the gaps with evidence you left out |
| Refuses: needs more information | Allowed in the NEC4 subcontract text and in NEC3, if the details really are thin. Reasons should be enough to let you correct the matter (13.4) | Supply it and resubmit within the period for reply |
| Refuses for another reason, such as preferring a particular person | Possible compensation event under 60.1(9) | Notify within eight weeks, and show the effect on cost or time |
| No reply in time | Possible compensation event under 60.1(6) | Chase in writing and notify if it has an effect |
Both events only help if there's an effect on Defined Cost, Completion or a Key Date. See the guide to acceptance withheld for a reason the contract doesn't give.
If the person has already gone
The contract says you either provide the named person or an accepted replacement, so a resignation or illness leaves you exposed until acceptance comes through. It gives no shortcut for emergencies. In practice:
- tell the Project Manager the same day, and name who is covering;
- submit the cover as a temporary replacement with their details, if they could meet the test;
- follow with the long-term name, as a further submission;
- ask to agree a shorter turnaround. A longer reply period can be agreed under 13.5, and nothing stops the Project Manager replying early.
Sample submission
"Under clause 24.1 we submit [name] as a replacement for [leaver], key person for the job of [job] in the Contract Data, for your acceptance. Attached: CV, relevant qualifications, and comparable experience on [projects]. Compared with [leaver], [name] has [points]. [Leaver]'s last day is [date]; handover runs from [date]."
What the Project Manager will weigh up
Expect questions if the replacement is a junior promoted into the role, or if the original person's experience was a main reason for your tender succeeding. The contract asks for a comparison, and "not as good" can be argued on either count. Client teams sometimes ask for an interview. Nothing listed in the clause requires one, but agreeing to it usually speeds things along.
Avoid the opposite mistake, too. A key person who drifts off onto another job while their name stays on the contract is still a failure to comply. Repeated failure could add to a case of substantial default (R11), as explained under NEC termination reasons. See also when the PM wants someone removed, or browse the NEC questions hub.
Related guides
- NEC Questions Answered: Real Situations on Site
- Do We Need the PM's Acceptance to Appoint a Subcontractor?
- Our Subcontractor Notified Late: Can We Still Claim Upstream?
- Our Subcontract Is Not on an NEC Form: Does It Matter?
- The Supervisor Made Us Open Up Work and Found Nothing
- The PM Wants a Member of Our Team Removed: Can They?
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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.