NEC W1 is the dispute resolution procedure for contracts outside the UK's Construction Act of 1996. In NEC4 a dispute goes first to Senior Representatives, then to the Adjudicator, and finally to the tribunal, and missing a stated time limit can end the right to take it further.
The choice between W1 and W2 depends on whether the Act applies. W1 is typically for work outside the UK, or work outside the Act's definition of construction operations. Take advice if you're not sure. This is one of the main dispute choices among the NEC secondary Options.
The steps and periods in NEC4
These periods are from the NEC4 subcontract text, which uses the same structure as the ECC. Check them in your own contract, because they can differ by form or be amended.
- Refer to Senior Representatives (W1.1). Use the Dispute Reference Table to find who can refer and when. A challenge to an action or inaction of the party managing the contract has a limit of four weeks from becoming aware of it.
- Statements of case. Each Party provides one within a week: ten sides of A4, plus evidence, unless they agree otherwise.
- Talks. The Senior Representatives have up to three weeks. They then list issues agreed and not agreed, and the agreed ones are put into effect.
- Notice of adjudication (W1.3). Given within two weeks of the list, or of when it should have been produced.
- Referral. To the Adjudicator within two weeks of that notice.
- Information. Further information within four weeks of the referral, unless extended.
- Decision. Within four weeks of the end of that period, unless the Parties agree otherwise.
- Tribunal (W1.4). A Party notifies dissatisfaction within four weeks of being told the decision, or of when it should have been given.
What makes W1 different from W2
| Feature | W1 | W2 |
|---|---|---|
| When it's used | The Act doesn't apply | The Act applies |
| Senior Representatives | A required step | Only if the Parties agree |
| When adjudication can begin | After the Senior Representatives' stage | At any time |
| Time limits on starting | Yes; miss one and the right can be lost | No equivalent limit on starting adjudication |
| Decision period | Four weeks after the end of the information period | 28 days from referral, with possible extensions |
The time bar
This is the point to take most seriously. If a disputed matter isn't notified and referred within the set times, neither Party can take it to the Adjudicator or the tribunal afterwards. In the subcontract text, extensions can be agreed before a notice or referral falls due. Agree them in writing and in advance, not after the date has passed.
Example
A fictional case. On a contract outside the Act's scope, the Project Manager rejects a Contractor's quotation on 3 March. The Contractor is unhappy but keeps talking informally for two months. It refers the matter to Senior Representatives on 12 May. Under the four-week limit, the time for challenging that action ran out at the end of March, so the Contractor may have no route left. A simple diary note, and an extension agreed in writing, would have saved it.
NEC3 W1
NEC3's W1 has no Senior Representatives stage. Disputes are notified and referred following an Adjudication Table, with different periods depending on who disputes what, and four-week periods for both further information and the decision. NEC3 also refers to the NEC Adjudicator's Contract, where NEC4 uses the Dispute Resolution Service Contract. See how NEC4 changed dispute resolution.
Practical tips
- Keep a dispute diary. For every disputed action, log the date you became aware and the last day to refer. The time limits guide sets these out.
- Choose useful Senior Representatives. People not involved in the decision, with authority to settle. See Senior Representatives.
- Keep the talks confidential. Statements and discussions at that stage can't be used before the Adjudicator or the tribunal.
- Keep working. Until a decision is issued, the Parties carry on as if the matter weren't in dispute.
- Name an Adjudicator in the Contract Data or a nominating body. A nomination then follows if nobody's agreed.
Related guides
- NEC Secondary Options: X, Y, W and Z Clauses Explained
- W2: Dispute Resolution Under the Construction Act
- W3: Dispute Avoidance Board
- Z Clauses: Writing Additional Conditions
- Y(UK)2: The Construction Act
- Y(UK)3: Third Party Rights
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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.