The best-known NEC4 terminology change is the Scope, which replaces the Works Information in the ECC. The Employer also becomes the Client, the Risk Register becomes the Early Warning Register, and a risk reduction meeting becomes an early warning meeting. The ideas are largely the same, but the words on your letters and registers need to change.
This page lists the changes and shows where each matters. For what else changed, see the NEC4 contracts guide, and for each term in detail, the NEC definitions glossary.
The renames
| NEC3 ECC | NEC4 ECC | Worth knowing |
|---|---|---|
| Employer | Client | Parties are now the Client and the Contractor |
| Works Information | Scope | Same purpose: what is to be provided and any constraints |
| Subcontract Works Information | Subcontract Scope | In the ECS |
| Risk Register | Early Warning Register | Clause moved from 16 to 15 |
| Risk reduction meeting | Early warning meeting | Now has a minimum frequency |
| Employer's risks | Client's liabilities | Clause 80.1; the Contractor's liabilities are now listed too |
| Shorter Schedule of Cost Components | Short Schedule of Cost Components | Options A and B |
| Parent company guarantee (X4) | Ultimate holding company guarantee | A different entity may now be asked to give it |
| Partnering (X12) | Multiparty collaboration | Restructured |
| Contractor's design: reasonable skill and care (X15) | The Contractor's design | Reasonable skill and care, with design insurance |
| Dispute resolution (section W) | Resolving and avoiding disputes | Adds W3 |
| He, his | Gender-neutral wording | No change in meaning |
New terms
| Term | What it means | Find it at |
|---|---|---|
| Corrupt Act | A new defined term, tied to a new clause and a reason for termination | Definitions, clause 18 |
| Dividing date | The line between work done and work still to do when assessing a compensation event. NEC3 has the idea without the name | 63.1 |
| People Rates | Rates for assessing compensation events on Options A and B | Options A and B definitions, Contract Data part two |
| Contractor's proposals | The route for the Contractor to suggest a Scope change that reduces what the Client pays | Clause 16 |
| Final assessment | The procedure that closes out the amount due | Clause 53 |
| Dispute Avoidance Board | A standing panel under Option W3 | Option W3 |
Terms that did not change
Don't change these by mistake: Project Manager, Supervisor, Contractor, Defined Cost, Disallowed Cost, Fee, Prices, Completion, Completion Date, Key Date, Accepted Programme, Site Information, Working Areas, Contract Data, Defect, and Defects Certificate.
Other forms use other words
Don't assume that "Scope" and "Client" apply everywhere, or that the old words have vanished:
- The NEC3 PSC already called its requirements the "Scope", while still using "Employer".
- The NEC4 Supply Short Contract has a "Purchaser" rather than a Client, and its index points "Goods Information" to the Scope.
- The ECS uses Subcontract Scope, Subcontract Data, Subcontract Date and Subcontract Completion Date, and has a Client who isn't a party to it.
- Service contracts have a Service Manager in the role the Project Manager has in the ECC.
For a full comparison of the two biggest renames, read Works Information vs Scope and Employer vs Client.
Where the old words catch people out
- Tender documents. An NEC4 contract that says "the Works Information is in Volume 3" invites an argument about what it means. Put "Scope" in the Contract Data and in the document's own title.
- Z clauses. A Z clause carried over from an NEC3 job could define or refer to a term that no longer exists in the contract. Search for "Employer", "Works Information" and "Risk Register" before issuing.
- Registers and reports. A column called "Risk Register ref" isn't a contract problem, but it signals to people that the old rules still apply.
- Letter templates. A notice citing the wrong term may still be understood, but it gives the other side a point to take.
- Company risk registers. An organisation's risk register isn't the Early Warning Register. Keep them distinct, and keep contract matters in the contract's register. See the Early Warning Register definition.
A quick find-and-replace check
When converting a template pack from NEC3 to NEC4, a straight search isn't enough, because the numbers need checking too. Work through this short list:
- Replace the words listed in the first table.
- Check each clause reference against the NEC3 vs NEC4 comparison.
- Remove "he" and "his".
- Have someone who knows NEC4 read the result. Automated replacement can change words in ordinary sentences that should have stayed as they were, for example a "client" of your own company in a covering note.
Related guides
- NEC4 Contracts: A Complete Guide
- NEC4 Contract Data Explained
- Learning NEC4: What Your Team Needs to Know
- NEC4 Questions and Answers
- Dispute Resolution Changes in NEC4
- Proposed Instructions and Quotations in NEC4
See how this works in practice
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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.