2Structure and content of NEC4

‘Pick-and-mix’ assembly of the contract

Clause hierarchy and contract layout

Of paramount importance is the structure of the NEC4 contract conditions as a three-tier shopping list, comprising (1) core clauses, (2) main option clauses, and (3) secondary option clauses, from which the necessary items must be selected. The selection criteria are to be found in the project type and risk profile.

A fundamental drafting decision, which is key to the clarity of the NEC clauses in practice, was to take advantage of starting from the beginning and to arrange the document in a logical order. First, there is a clear group of concepts set out in nine ‘core clause’ sections and, therein, a clear sequence of clauses dealing ...

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