NEC senior representatives are people from each Party who try to settle a dispute before it reaches the Adjudicator. The step is new in NEC4. It gives the Parties a short, private chance to resolve things with someone who wasn't involved in the original decision.
The rules below are taken from the NEC4 Engineering and Construction Subcontract (ECS). NEC4 ECC follows the same structure, but check its periods in your own contract. NEC3 has no equivalent. For the roles as a whole, see the NEC roles guide.
Is the step compulsory?
| Option | When it applies | Senior Representatives step |
|---|---|---|
| W1 (W1.1) | UK Construction Act doesn't apply | Required before adjudication |
| W2 (W2.1) | UK Construction Act applies | Only if the Parties agree; a Party can still go straight to adjudication (W2.2) |
The Act covers most UK construction work and gives a right to adjudicate at any time, so W2 is common. That makes it easy to skip the step. It is worth agreeing to, though, for most disputes that are about facts and money instead of legal principle.
How the process runs
- Notification. The Party bringing the dispute tells the Senior Representatives and the other Party what it is about.
- Statements of case. Each Party gives the other a statement within one week, kept to ten sides of A4 plus supporting evidence unless they agree otherwise.
- Negotiation. The representatives have up to three weeks and can use whatever meetings and methods they think will help.
- List of issues. They produce a list of what they have agreed and what they have not.
- Effect. Agreed issues are put into effect. Under W1, a Party taking the rest further gives a notice of adjudication within two weeks of the list, or of when it should have been produced.
Statements and discussions can't be used later before the Adjudicator or tribunal. This gives the representatives room to make concessions without damaging their position.
Under W1, the dispute reference table also limits when some issues can come to the representatives. For example, a matter arising from an action or inaction must be raised within four weeks of awareness (in the ECS). Check the table in your own contract. The time limits guide has more.
Who to name
The contract gives no required job title. Think about who could really settle this.
- Authority. They need to be able to agree a number without returning to a committee for weeks.
- Distance. They should not be the person who made the decision being disputed, otherwise this is the same conversation again.
- Time. Three weeks passes quickly, so choose someone who can clear time at short notice.
- Commercial sense. They should weigh likely outcomes and costs, and not only argue the point.
A Party can replace its representative by notifying the other with the new name. When someone leaves, make the change at once: a retired director's name in the Contract Data will slow everything down when you need it.
A worked example
A fictional sewer contract. The Project Manager decided that ground conditions don't amount to a compensation event under 60.1(12). The Contractor disagrees, with an illustrative £300,000 at stake, and proposes using Senior Representatives. The Client agrees.
| Week | Action |
|---|---|
| 0 | The Contractor notifies the dispute: whether the event qualifies, and its value |
| 1 | Each side exchanges its statement, with borehole logs and records |
| 2 to 3 | Regional directors meet on site, then again with a geotechnical adviser |
| 4 | List produced: agreed that part of the length qualifies and how to value it; not agreed for the remaining length |
The Parties put the agreed part into effect. Only one narrow question remains to go to the Adjudicator, and it costs far less to decide. Even a partial settlement makes the process worthwhile.
How to make it work
- Brief your representative with the weak points too, not only the strong ones.
- Keep the statement of case short and factual. Ten sides is a limit, not a target.
- Agree a timetable on the first day.
- Record agreements at once in the list and carry them out, for example through the compensation event process.
- Watch the adjudication deadline under W1 from the day the list is due, whether or not it is produced.
What they aren't
Senior Representatives aren't decision makers. They have no power to impose a result on a Party that doesn't agree. They also don't replace the Project Manager's duties during the dispute. Work continues, and reply periods still run. For the next stage, see the Adjudicator and Option W2. For what changed from NEC3, read the NEC4 dispute changes.
Related guides
- NEC Roles: Who Does What on an NEC Contract
- An NEC Guide for Quantity Surveyors
- An NEC Guide for Commercial Managers
- What an NEC Contract Manager Does
- The Consultant Under the PSC
- The Adjudicator
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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.