NEC4 Acceptance: Design, Programmes and Quotations

Design, programmes and quotations carry different consequences under NEC4.

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NEC4 uses acceptance for different kinds of submissions. A single document-control status can conceal important differences between accepting a design, a programme and a compensation-event quotation.

Identify the decision being made

A project system may use the same “accepted” status for a design submission, a programme and a compensation-event quotation. The status looks familiar, but those decisions have different contractual effects.

Under NEC4 ECC, the team needs to know what has been submitted, which provision governs the response and what acceptance will do. A document-control status should record that decision accurately. It should not become a substitute for understanding it.

Design acceptance does not transfer responsibility

The Scope identifies the design particulars the Contractor must submit for acceptance. Clause 14.1 preserves the Contractor’s responsibility to Provide the Works and its design liability despite acceptance by the Project Manager or Supervisor.

Suppose the Scope requires a pipework installation to tolerate specified operating conditions. The Contractor submits its design and receives acceptance. If the design does not meet those conditions, the acceptance does not by itself replace the requirement or transfer the Contractor’s responsibility to the Client.

The review still needs competent technical input. Identify what the reviewer must examine, the information needed and the person who will advise the Project Manager. Preserving design responsibility is not a reason to accept a submission without considering whether it meets the contractual requirements.

Deal expressly with a proposed change

A Contractor may propose a different material during design development. The team should first establish whether it complies with the existing Scope or requires that Scope to change. Those are different decisions, even if they arise in the same technical meeting.

If a change is required, deal with it through the appropriate contractual process. Record the revised requirement and address its consequences. An acceptance stamp on a drawing should not leave the parties arguing later about whether they agreed to remove an obligation.

Keep the technical recommendation and the formal decision connected. The designer may advise that an alternative is suitable; the person authorised under the contract must still issue the relevant communication. The Scope article addresses how to make the original requirements clear.

Programme acceptance is not an extension of time

An accepted revised programme can show planned Completion later than the contractual Completion Date. Acceptance does not itself change that Completion Date or settle who bears responsibility for the delay.

For example, the site team may need to resequence work around a delayed switchboard. The Project Manager can examine whether that revised plan is realistic without treating the programme response as agreement to the Contractor’s commercial position.

Keep the dates distinct in the project report. State the current contractual Completion Date, the forecast shown in the programme and the status of any relevant compensation event. Combining them into one “approved finish date” can obscure the decision still required. The practical review process is covered in the programme acceptance article.

Accepting a quotation implements a compensation event

Acceptance of a compensation-event quotation has a different function. It is one of the routes to implementation under the contract. The resulting changes need to be carried into the project’s contractual and commercial records.

Check the exact quotation revision, its assessment of time and money and any assumptions formally stated by the Project Manager. A short email agreeing “the cost” may leave uncertainty about the other elements of the quotation and what decision was intended.

Once implemented, an assessment is not reopened simply because the eventual cost differs from the forecast. The forecast-assessment article deals with that distinction and the treatment of known information.

Make the record match the decision

Use response wording that identifies the document, revision and contractual action. Where acceptance is withheld, explain the reasons sufficiently for the matter to be corrected. Avoid an “accepted with comments” status that leaves the recipient unable to tell whether further submission is required.

Before issuing a response, ask what the recipient will do with it. Will the designer proceed, the planner update the accepted record or the commercial team change the Prices? If that is unclear, clarify the decision before it reaches the people carrying out the work.

This article is intended to provide general commentary and insights on construction, commercial and dispute resolution matters. It is not legal, contractual or professional advice and should not be relied upon as such. Specific advice should always be sought in relation to individual projects and circumstances.

Related training

The Project Manager course examines the decisions required under NEC4 ECC and the information needed to make them.

Further reading

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NEC4 · Project management

NEC4: Integrating Early Warning with Project Risk Management

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Contracts · Project delivery

Managing Construction Variations During Delivery

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NEC4 · Contracts · Case law

NEC4 Compensation Events: Forecast and Actual Cost

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