--- title: "FAQ: NEC Early Warnings" date: 2024-01-24T16:51:52Z modified: 2024-03-01T10:01:37Z permalink: "https://gmhplanning.co.uk/nec-faqs/nec-early-warnings-faq/" type: faq status: publish excerpt: "" wpid: 5762 nec_contract_type: - NEC3 - NEC4 nec_contract_version: - NEC Engineering & Construction Contract (ECC) - NEC Engineering & Construction Subcontract (ECS) - NEC Professional Services Contract (PSC) - NEC4 Term Service Contract (TSC) faq_category: - Early warnings featured_image: "https://gmhplanning.co.uk/wp-content/uploads/2024/02/FAQ-Early-Warnings-NEC-Frequently-Asked-Questions-by-Glenn-Hide-GMH-Planning.jpg" featured_image_alt: NEC FAQs on NEC Early Warnings author: Glenn Hide timestamp: 2024-03-01T10:01:37Z tags: - NEC3 - NEC4 - NEC Engineering & Construction Contract (ECC) - NEC Engineering & Construction Subcontract (ECS) - NEC Professional Services Contract (PSC) - NEC4 Term Service Contract (TSC) - Early warnings --- Frequently asked questions around early warnings, which are a simple yet often misunderstood process within NEC contracts. ## Who should notify an early warning? _share_ _expand\_less_ _expand\_more_ Either party can notify an early warning ## If a subject has already been brought up in a meeting and/or recorded in minutes of meetings, does it still have to be formally notified as an early warning? _share_ _expand\_less_ _expand\_more_ Yes it still needs to be notified separately as any notification has to be communicated separately from any other form of communication (clause 13.7). Furthermore, if using a cloud-based system such as Cemar it needs to be notified as an early warning to then automatically feature on the Early Warning Register. ## Who should update the Early Warning Register? _share_ _expand\_less_ _expand\_more_ This is the role of the named Project Manager or anyone who they have formally delegated power to do so. The use of a cloud-based system such as Cemar will only allow someone with administration rights to update the register. ## Does an early warning have to be notified before a compensation event can be notified? _share_ _expand\_less_ _expand\_more_ No, if something is already an issue then it can be notified as a compensation event. An early warning is something that might or could impact in some way and there is the chance to do something about it. A compensation event is something that is already known to be an issue or will be an issue and is not the Contractor’s risk under the contract. For a matter that has already been notified as a compensation event an early warning is not required. ## Is the Early Warning Register the same as a traditional risk register? _share_ _expand\_less_ _expand\_more_ No, which was why NEC4 changed the name from “Risk Register” to “Early Warning Register”. Traditional risk registers have numerous additional columns such as cost impact, programme impact, likelihood, severity, revised likelihood/severity post mitigation etc. The Early Warning Register only requires the description of the risk, and the action to be taken to avoid or mitigate the risk. ## Should potential costs be included within an Early Warning notification? _share_ _expand\_less_ _expand\_more_ There is no need to include costs as the intent is to consider matters and actions that could be taken to avoid or minimise the impact, rather than focusing on who’s liability is it and what will the cost be. ## How often should a regular early warning meetings be held? _share_ _expand\_less_ _expand\_more_ They can either be instructed by either party at any time, or held at no longer interval than as stated in contract data part 1 (the _early warning interval_). ## Who should attend an early warning meeting? _share_ _expand\_less_ _expand\_more_ Anyone relevant who could help to decide what action should be taken to avoid or reduce the impact of the risk. This could include Contractors bringing representatives from their Subcontractor should that be useful. ## Could/should an early warning ever be rejected? _share_ _expand\_less_ _expand\_more_ There is nothing to “reject” about an early warning. If it is not something that could be an issue then it should be “closed” rather than “rejected”. ## What is a Contractor fails to notify an early warning? _share_ _expand\_less_ _expand\_more_ The lack of early warning could be taken into account when assessing a subsequent compensation event (clause 63.7), and/or if a cost reimbursable type contract then any cost incurred due to the lack of early warning could become a reason for a Disallowed Cost (clause 11.2(25)). ## What matters should be notified as an early warning? _share_ _expand\_less_ _expand\_more_ Anything that could increase the total of the Prices, delay Completion, delay meeting a Key Date or impair the performance of the works in use (or to simplify, anything that could impact time, cost or quality). An early warning may also be notified for any matter that could increase Contractor’s total cost. ## How quickly should the first Early Warning Register be produced? _share_ _expand\_less_ _expand\_more_ Within one week of the _starting date._ ## When should the first early warning meeting be held? _share_ _expand\_less_ _expand\_more_ Within two weeks of the _starting date._ ## What should happen at an early warning meeting? _share_ _expand\_less_ _expand\_more_ All those who attend should co-operate in considering proposals for how the effects of early warnings can be reduced, seeking solutions that bring advantage to those who will be affected, deciding actions to be taken and who should take them, deciding which matters can be removed from the register or any different actions that need to be taken from those originally decided. ## What should be the outcome of an early warning meeting? _share_ _expand\_less_ _expand\_more_ Attendees should leave the meeting clear on the actions to be taken and the register should be updated and reissued within one week of the meeting. ## If any decision made and recorded on the early warning register needs a change to the Scope, is a separate instruction necessary or is it sufficient to just leave it recorded within the Early Warning Register? _share_ _expand\_less_ _expand\_more_ Yes, a separate instruction is necessary to change the Scope ## When should an early warning be removed or closed on the register? _share_ _expand\_less_ _expand\_more_ When the matter is known will no longer be an issue or there are no further actions that could be made that would alter the outcome. It is recommended to “close” the matter on the register rather than “remove” it so the record of previous early warnings are still there but closed ones can be filtered out so that the open ones can be focused on at the next meeting. ## Topics **NEC Contract Editions:** [NEC3](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_type/nec3.md), [NEC4](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_type/nec4.md) **NEC Contract Versions:** [NEC Engineering & Construction Contract (ECC)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec-engineering-construction-contract-ecc.md), [NEC Engineering & Construction Subcontract (ECS)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec-engineering-construction-subcontract.md), [NEC Professional Services Contract (PSC)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec-professional-services-contract-psc.md), [NEC4 Term Service Contract (TSC)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec4-term-service-contract-tsc.md) **FAQ Categories:** [Early warnings](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/faq_category/early-warnings.md)