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Early Warnings: What Changed in NEC4

Early warning in NEC4 works on the same principle as in NEC3, but it now has a timetable. The Project Manager issues the first Early Warning Register within one week of the starting date, the first meeting takes place within two weeks of it, and later meetings run at least as often as the Contract Data says.

The clause also moved, from 16 in NEC3 to 15 in NEC4. This page covers the NEC4 ECC changes only. For the whole procedure, see the NEC early warnings guide, and for the other edition changes, see the NEC4 contracts guide.

The changes side by side

PointNEC3 ECCNEC4 ECC
Clause1615
The registerRisk RegisterEarly Warning Register
The meetingRisk reduction meetingEarly warning meeting
First registerNo fixed timeWithin 1 week of the starting date (15.2)
First meetingNo fixed timeWithin 2 weeks of the starting date (15.2)
How oftenWhen either side instructs one (16.2)When either side instructs one and, in any case, no less often than the Contract Data interval (15.2)
What the meeting doesConsiders proposals, seeks solutions, decides actions, removes passed risks (16.3)The same, and also reviews actions already recorded and whether different ones are needed (15.3)
Issuing the revised registerNo fixed time (16.4)Within 1 week of the meeting (15.4)

What stayed the same

  • The four triggers: a matter that could push up the total of the Prices, hold up Completion or a Key Date, or harm how the works perform in use.
  • The Contractor's optional warning about something that could raise its own total cost.
  • No need for a warning on a matter already notified as a compensation event.
  • The consequence of a missed warning. The clause reference for assessing as if the warning had been given moved from 63.5 to 63.7, but 61.5 stays where it is. See missed early warnings.

Why the rename matters

"Risk Register" caused confusion, because many organisations already had a project risk register with probabilities and scores. Some teams blurred the two or assumed the contract's register had to look the same as theirs. The new name makes it clearer what this register is: the record of matters raised through early warnings and those listed in the Contract Data. The early warning register explains what to put in it.

A day-one timetable

A fictional contract with an illustrative starting date of Monday 1 March, and a four-week meeting interval in the Contract Data.

ByWhoWhat
Before 1 MarchProject Manager and ContractorCollect the matters listed in the Contract Data; agree how the register will be kept
8 MarchProject ManagerIssues the first Early Warning Register
15 MarchProject ManagerInstructs the Contractor to attend, and holds, the first meeting
Within a week of the meetingProject ManagerIssues the revised register, and instructs any Scope change a decision needs
Within the next four weeksProject Manager and ContractorNext meeting at the latest, and so on until the whole of the works has reached Completion

Check the wording on your own contract for whether the two weeks applies to the instruction or to the meeting itself. The practical answer is to have the meeting within two weeks, as nobody loses anything by doing so.

What people get wrong

  • Treating the interval as optional. Meetings are required at the Contract Data interval even if nobody has anything new to raise. A short meeting that reviews actions is enough.
  • Leaving the interval blank. Clients filling in the Contract Data should choose a period that suits the job. A long interval on a fast-moving job undermines the whole process.
  • Letting the register slip. One week is short if the only person who updates the register is on leave. Assign a deputy.
  • Not reviewing old actions. NEC4 adds this step to the meeting, so an action list that doesn't get checked isn't following the clause.
  • Using NEC3 language. A notice citing "clause 16" under NEC4 points to Contractor's proposals rather than early warnings.

Subcontracts

The ECS mirrors clause 15, with the Contractor preparing the register. It also lets the Contractor instruct the Subcontractor to attend a main contract meeting where a matter affects both contracts. See early warnings for subcontractors.

See how this works in practice

Click through Contract Status with sample contracts: raise the notice, reply to it, and watch both sides of one record.

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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.