This webinar, part of the NEC 101 series, focused on early warnings under the NEC4 Engineering and Construction Contract (ECC), with presentations by Laura Campbell (Senior Associate, SH Prad) and Robert Gerard (Senior NEC Consultant).
The session covered the principles, processes, and best practices of early warnings, including notification protocols, registers, sanctions, and meetings.
Key guidance included the collaborative and proactive management of risk, the importance of accurate documentation, and the separation of early warnings from compensation events.
Attendees were encouraged to participate in a post-webinar survey and were informed about upcoming events and resources.
Action Items
(After meeting) – Webinar Organizers: Export and circulate unanswered Q&A from the session.
(After meeting) – Laura & Rob: Answer remaining attendee questions and provide written responses with the session recording and slides.
(Ongoing) – All attendees: Complete the post-webinar survey to provide feedback and suggest future topics.
(By 16 June) – Interested participants: Register for NEC conference and submit entries for the Martin Bonds Awards.
(Shortly after webinar) – Organizers: Upload session recording, slides, and Q&A to the past events section of the website.
Early Warnings: Principles and Process
Early warnings are forward-looking risk management tools in NEC contracts, not defined terms but addressed in Clauses 15.1–15.4.
Both project managers and contractors are required to notify an early warning as soon as they become aware of a relevant matter (cost increase, time delay, key date risk, or impaired performance).
Notification must be in writing, using the agreed communication method and sent to the correct contractual address, keeping early warnings separate from other notices (e.g., compensation events).
Early warnings are not limited to threats; opportunities and other relevant project matters can also be included, promoting a “no surprises” management approach.
Early Warning Register and Meetings
The project manager must maintain the early warning register, which should be established within a week of the project start and updated throughout the contract.
The register requires at least two columns: description of the matter and actions to avoid/reduce the risk, but can be expanded as needed.
Early warning meetings, convened by either party, serve to collaboratively problem-solve, assign actions, update the register, and may include subcontractors or relevant third parties for comprehensive resolution.
Meetings should follow the contractually set interval (or more frequent if necessary) and focus on the process in Clause 15.3: proposals, solutions, action decisions, removing resolved items, and reviewing actions.
Best Practices and Common Mistakes
Always document early warnings in writing for audit and compliance—verbal discussions must be followed up with formal notification.
Use clear templates and contract management software to avoid mixing early warnings with other contractual notices.
If in doubt, notify an early warning; issues can be removed from the register if they are subsequently deemed irrelevant.
Invite the right attendees, including subcontractors or affected third parties, to early warning meetings for effective problem-solving.
Maintain an audit trail of all early warnings, including those resolved, by marking them “live” or “dead” rather than deleting removed items.
Decisions
Questions not answered during the webinar will be exported and addressed in writing — To ensure all attendee queries are resolved and accessible post-event.
Open Questions / Follow-Ups
Organizers to follow up on any discrepancies mentioned between digital and printed NEC4 versions.
Written responses to additional attendee questions not addressed live during the session to be circulated.
Monitor whether project managers are fulfilling their early warning notification obligations, as discussed regarding practice vs. contractual requirements.