What is an early warning under NEC4?

Under NEC4 ECC clause 15.1, the Contractor and Project Manager notify the other as soon as they become aware of a matter that could increase the total of the Prices, delay Completion, delay meeting a Key Date or impair the performance of the works in use. Check any additional obligations in the selected options and amendments.

The trigger concerns a possible effect. Teams should not wait for a fully priced quotation or a complete delay analysis before raising a matter that meets it.

NEC4 uses the Early Warning Register and early warning meetings. The Project Manager maintains the register. Either the Contractor or Project Manager can require an early warning meeting; the contract also sets a regular meeting cycle.

The Contractor and Project Manager are the relevant roles here. They are not both Parties to the ECC: the Parties are the Client and Contractor.

A useful notification identifies the matter, the possible effect and the action or information needed. Keep observations separate from assumptions. At the meeting, consider available responses, identify who will act and record the agreed actions.

• Describe the location, activity and emerging issue.
• Attach relevant photographs, progress records or correspondence.
• Identify decisions and dates needed to reduce the potential effect.
• Review whether earlier actions have worked and update the register.

Where the clause 61.5 and 63.7 provisions apply, a compensation event is assessed on the basis that an early warning an experienced contractor could have given had been given. This is not a fixed fine, an automatic percentage deduction or a rule that every related cost is lost.

Disallowed cost may also be relevant under the applicable cost-based option. NEC’s guidance distinguishes clause 11.2(26) for Options C–E from clause 11.2(27) for Option F.

An early warning does not double as a compensation event notification. Follow the contract’s communication requirements and retain transmission evidence. The team should separately review whether an event requires notification under clause 61.

Site diaries help establish what was observed and when. They support that review but do not automatically satisfy the notice requirements or decide entitlement. Gather helps organise the underlying site records for the people administering the contract.

• NEC101: Early warnings, March 2025
• GMH Planning/CECA: A positive approach to early warnings (practical commentary; check the applicable contract and amendments).
• GMH guidance: early warnings (NEC4 section 15) (practical commentary; check the applicable edition and amendments).

Explore Gather’s NEC4 articles and webinars.