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NEC4 ECC Practitioner Course · Module 1 · Lesson 4 of 4

Acceptance and instructions

8 screensAbout 5 minutes

Why it matters

Dana accepts the wet well design, so who answers if it is wrong?

Dana Whitfield is the Project Manager. She sends Merrow Vale, the Contractor, acceptances and instructions every week.

31 Mar 2026Dana accepts Merrow Vale's wet well design, after refusing the first one on 27 February

Source: ECC 14.1, 21.2. Aldermere storyline.

The rule

Acceptance opens a gate but moves no risk

Acceptance means go ahead, not a transfer of risk.

It does

No is appointed before Dana accepts it (26.2).

Design work waits for Dana to accept the design (21.2).

It never changes

Acceptance leaves “the Contractor’s responsibility to Provide the Works or liability for its design” (14.1) unchanged.

Source: ECC 14.1, 21.2, 26.2.

The rule

Dana or Tom may delegate an action after notifying Merrow Vale

Tom Barrow is the Supervisor. A delegate needs a notification naming them.

  1. Notify firstIt names the and the actions delegated.
    Clause 14.2
  2. The delegate actsIt counts as Dana's or Tom's own action.
  3. Cancel or act anywayEither may cancel it or still act.

Source: ECC 14.2.

The rule

Obey only a valid instruction

“The Contractor obeys an instruction which is in accordance with the contract” (27.3).

  1. 1

    From Dana, Tom or a notified ?

    Clauses 14.2, 27.3
    If no:
    Not an instructionAsk Dana
    If yes, go on to question 2.
  2. 2

    May they give it?

    If no:
    Not one to obeyOnly Dana changes the Scope (14.3)
    If yes, go on to the outcome.
  3. Obey it

Source: ECC 14.2, 14.3, 27.3.

See it on the project

Merrow Vale gets three green lights in 2026

Decide first.

  1. 23 JanDana accepts Cobalt Pumps as a Subcontractor.
  2. 31 MarDana accepts the wet well design.
  3. 5 JunTom sees the joint retest pass.

A flaw turns up in the accepted design. Who pays?

Merrow Vale. Acceptance leaves its liability for its design unchanged (14.1). The same goes for Cobalt's work (26.1).

Can Tom still notify a Defect in the retested joints?

Yes. Until the defects date he notifies any as soon as he finds it (43.2).

Source: ECC 14.1, 26.1, 43.2. Aldermere storyline.

Try it

Sort five requests Merrow Vale receives

Run each request through the two questions from the last screen.

Request 1 of 5

…

Source: ECC 14.2, 14.3, 27.3, 43.1, 60.1(1).

Quick check · Acceptance

Two questions on what you have just covered

Answer, then read why.

Quick checkPick an answer to see if you are right and why
1Dana has not yet accepted a Merrow Vale design. May its work start?
No, it waits for her acceptance
Yes, once the reply period is half gone
Yes, if Tom has seen the drawings
Yes, as acceptance moves no risk
2Suppose Aldermere Water replaces Dana. What must it do first?
Notify Merrow Vale of the new name
Get Merrow Vale to sign an agreement
Ask the to approve it
Wait until Completion

2 questions to answer

Source: ECC 14.4, 21.2.

Recap

Check the sender of each instruction, and keep the risk after each acceptance

Log each change in the Compensation Event Register.

On Monday at work

  • Keep a list of notified delegates and what each may do.
  • Check who sent an instruction before you act on it.
  • Keep your own design checks after Dana accepts a design (14.1).

In the Toolkit: NEC4 Compensation Event Register (ECC and ECS) (Excel) Members

Next: the module check

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Independent course material. It is not published or endorsed by NEC. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: ECC 14.1, 14.2, 14.3, 27.3.

Go deeper (optional)

Two edge cases with instructions and acceptance

Optional. Two cases that come up on long jobs.

Is every instruction that changes the Scope a compensation event?

Nearly. A change made to accept a is not. Nor is a change to Merrow Vale's own design Scope made at its request or to fit the Client's Scope (60.1(1)).

ECC 60.1(1)

Dana does not reply to a design in time. Is the design accepted?

No. Silence accepts nothing, so the work still waits. Her late reply can be a compensation event (60.1(6)).

ECC 21.2, 60.1(6)

Source: ECC 21.2, 60.1(1), 60.1(6).