In a bid to address the impact that the construction industry has on the climate, NEC released it's consultative standard drafting to be utilised in NEC4 Engineering and Construction Contracts (ECC), known as the X29 Secondary Option. We recently discussed the X29 Secondary Option in detail here.

Just a few days ago, following the consultation period, NEC took its first step in its effort to help reduce the impact of works on climate change by publishing the final X29 Secondary Option. Not only have NEC published the X29 Secondary Option in respect of their ECC contract, but they have also issued versions of the X29 Secondary Option that can be incorporated across the suite of NEC4 main contract and main subcontract forms (i.e. ranging from the NEC Design and Build Contract to the Professional Services Contract).

NEC have also published corresponding Guidance Notes for each of the X29 Secondary Options setting out in detail how the provisions can be utilised.

The publication of the X29 Secondary Option is an exciting development, and it will certainly be interesting to see if other industry standard contract bodies will follow suit or more generally if the market will be amenable to incorporating bespoke provisions or the X29 Secondary Option in order to help reduce the construction industry's impact on the environment.

If you are considering making use of the X29 Secondary Option in your NEC4 contract or if you require advice in respect of bespoke climate change drafting, please contact a member of our Construction team.

Contributors

Anna Reilly

Senior Solicitor

Jane McMonagle

Partner & Head of Transactional Construction, Infrastructure and Projects