NEC early contractor involvement
NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration between the contractor and client. It was developed as a reaction to other more traditional forms of construction contract which have been portrayed by some as adversarial. NEC is a division of Thomas Telford Ltd, the commercial arm of the Institution of Civil Engineers (ICE).
On 27 November 2015, at the Alliancing Code of Practice Launch at ICE's headquarters in London, it was announced that NEC would publish ‘Early Contractor Involvement’ (ECI) clauses for NEC contracts to help improve project collaboration. Ref ICE.
This move came in response to the increasing trend for early collaboration, which can be essential for projects using processes such as Building Information Modelling (BIM). ICE suggest that early contractor involvement '...supports improved team working, innovation and planning to deliver value for money'.
Previously, NEC projects often contracted design development and construction planning separately from detailed design and construction. The new clauses mean that a single NEC3 Engineering and Construction Contract (ECC) can be used for both stages where contractors are taking part in the design development and construction planning stage.
Peter Higgins, leader of the drafting team for the clauses, said, "This will allow the contractor to be appointed under a two-stage Engineering and Construction Contract (ECC) before details of what is to be constructed have been fully developed and priced.
"Two approaches to ECI are covered by the new clauses. The employer can engage the contractor to assist their consultant in designing the project, as well as to design specific elements. Following agreement of prices for the construction stage, the employer then instructs the contractor to deliver the works, including any outstanding design, under standard ECC Option C (target contract with activity schedule) terms.
"Alternatively, the employer can appoint the contractor to carry out the design with assistance from their consultant. The employer then instructs the contractor to deliver the works under standard ECC Option C or E (cost reimbursable contract) terms. If using Option E, the contractor can also be incentivised to provide a cost-effective design by sharing in the savings on the employer's budget, which includes other relevant costs incurred by the employer."
The clauses are available as a free download now from http://www.neccontract.com. NEC will also be releasing an advisory 'How To' guide to the clauses in 2016.
[edit] Related articles on Designing Buildings Wiki
- Atkins v Secretary of State for Transport.
- Collaborative practices.
- Construction contract.
- Contract conditions.
- Contractor's design portion.
- Defined cost.
- Delay damages.
- Early appointment / involvement.
- Early contractor involvement.
- FIDIC.
- Institution of Civil Engineers.
- JCT.
- Latham Report
- Management contract.
- NEC contract change management systems.
- NEC contracts - road development and management schemes.
- NEC3.
- Optimised contractor involvement.
- Period for reply.
- Procurement route.
Featured articles and news
Call for greater recognition of professional standards
Chartered bodies representing more than 1.5 million individuals have written to the UK Government.
Cutting carbon, cost and risk in estate management
Lessons from Cardiff Met’s “Halve the Half” initiative.
Inspiring the next generation to fulfil an electrified future
Technical Manager at ECA on the importance of engagement between industry and education.
Repairing historic stone and slate roofs
The need for a code of practice and technical advice note.
Environmental compliance; a checklist for 2026
Legislative changes, policy shifts, phased rollouts, and compliance updates to be aware of.
UKCW London to tackle sector’s most pressing issues
AI and skills development, ecology and the environment, policy and planning and more.
Managing building safety risks
Across an existing residential portfolio; a client's perspective.
ECA support for Gate Safe’s Safe School Gates Campaign.
Core construction skills explained
Preparing for a career in construction.
Retrofitting for resilience with the Leicester Resilience Hub
Community-serving facilities, enhanced as support and essential services for climate-related disruptions.
Some of the articles relating to water, here to browse. Any missing?
Recognisable Gothic characters, designed to dramatically spout water away from buildings.
A case study and a warning to would-be developers
Creating four dwellings... after half a century of doing this job, why, oh why, is it so difficult?
Reform of the fire engineering profession
Fire Engineers Advisory Panel: Authoritative Statement, reactions and next steps.
Restoration and renewal of the Palace of Westminster
A complex project of cultural significance from full decant to EMI, opportunities and a potential a way forward.
Apprenticeships and the responsibility we share
Perspectives from the CIOB President as National Apprentice Week comes to a close.





















