NEC4 vs FIDIC 2017 · Module 1 · Lesson 4 of 4

When documents conflict

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Why it matters

Aldermere’s contract is a stack of documents, so which one wins a clash?

Spot it early, then use your contract’s route.

No rankingECC: no document outranks another

11 ranksRed Book: a priority list orders the documents

Suppose a Schedule gives GBP 3,000 a day for delay, Part A GBP 4,000. Which wins?

Source: ECC 17.1. FIDIC 1.5.

The rule

The ECC ranks no document, so Dana Whitfield, the Project Manager, resolves clashes

Scope changes favour the Party that did not write it.

“The Project Manager states how the ambiguity or inconsistency should be resolved” (17.1)

ECC

Spots itEither side
Notifies the otherAt once
States the answerDana
Scope change pricedFavouring the other Party63.10

Source: ECC 17.1, 60.1(1), 63.10.

The rule

The Red Book ranks its documents, Contract Agreement first

Higher beats lower, but not two parts of one document.

1 to 3Agreement

Contract Agreement, Letter of Acceptance, Letter of Tender

4 to 6Conditions

Contract Data, Special Provisions, General Conditions

7 to 9Technical

Specification, Drawings, Schedules

10 and 11The rest

JV Undertaking, other documents

Source: FIDIC 1.5.

The rule

A Red Book discrepancy goes to Dana by Notice, and she clarifies

Send the Notice even when the list seems to settle it.

Red Book

Think it is a Variation? Notice under 3.5 before starting (Module 6).

Finds itEither Party1.5
Notice to DanaPromptly1.5
Clarifies or instructsDana1.5
Variation? NoticeBefore starting3.5

Source: FIDIC 1.5, 3.5.

See it on the project

Aldermere’s documents line up across the versions, but only the Red Book ranks them

Know each document’s rank before a clash.

Topic	ECC	Red Book
The agreement	Contract Data parts one and two. Contract Date 5 January 2026	Contract Agreement, signed 5 January 2026, ranked first. Letter of Acceptance, ranked secondSub-Clauses 1.5, 1.6
What to build	The Scope. It names the portal and has Merrow Vale Civils, the Contractor, design the wet well	The Specification, ranked seventh. It too has Merrow Vale design the wet wellSub-Clause 1.5
The ground	Site Information	Site data the Employer makes availableSub-Clause 2.5
The price	Activity Schedule, from Contract Data part two	Bill of Quantities, in the Schedules. Ranked ninthSub-Clause 1.5
If two clash	Notify at once. Dana states how to resolve itClause 17.1	Higher rank prevails. A Notice to Dana, who clarifies or instructsSub-Clause 1.5

Decide first

Red Book. Part A says GBP 4,000 a day, a Schedule GBP 3,000. Which stands?

GBP 4,000. Part A, the Contract Data, ranks fourth and the Schedules ninth. Owen Hale, the Contractor’s Representative, still gives Dana a Notice of the discrepancy, promptly.

FIDIC 1.5

ECC. Dana spots a Scope clash. Must she wait for Merrow Vale?

No. Either one notifies the other as soon as it becomes aware. Dana notifies Merrow Vale, then states how the clash is resolved.

ECC 17.1

Source: ECC 17.1, Contract Data parts one and two. FIDIC 1.5, 1.6, 2.5.

Try it

Suppose these clashes turn up, and sort each by how it is settled

Hint: first ask which contract. Under the Red Book, then ask whether the two documents differ in rank.

Clash 1 of 6

…

Source: ECC 17.1. FIDIC 1.5.

Quick check · When documents conflict

Two questions on what you have just covered

Hint: ask who wrote the Scope, and who may change it.

Quick checkPick an answer to see if you are right and why

1ECC. Dana resolves a clash in the Scope Aldermere Water, the Client, wrote, and her answer changes the Scope. How is the compensation event assessed?

On the reading that favours Aldermere Water

On the reading that favours Merrow Vale

On the reading Dana thinks fairest

2ECC. Merrow Vale finds that the Scope asks for something impossible. What follows once it notifies Dana?

Dana instructs a change to the Scope

Merrow Vale builds as much as it can

The Adjudicator decides what to build

2 questions to answer

Source: ECC 17.1, 17.2, 60.1(1), 63.10.

Recap

Notify every clash early, by the route your contract gives

Clashes cost least when notified early.

On Monday at work

ECC: notify any clash at once, as in Letter 07 (17.1).
Red Book: give Dana a Notice promptly, even if the list settles it (1.5).
If her answer looks like a Variation, give a Notice under 3.5 before starting.

In the Toolkit: NEC4 ECC Notice Letters (zip) Members

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Independent course material. It is not published or endorsed by NEC or FIDIC. Clause references are to the NEC4 Engineering and Construction Contract (June 2017 with amendments January 2023) and the FIDIC Conditions of Contract for Construction, Second Edition 2017 as first published. 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 17.1, 17.2. FIDIC 1.5, 3.5.

Go deeper (optional)

The whole module side by side, for when you need a quick reminder

A summary to come back to. Tap a tab for the part you need.

Topic	ECC	Red Book
How it is built	Core clauses and the chosen Options, with Contract Data in two parts	General Conditions, changed by the Particular ConditionsSub-Clauses 1.1.9, 1.1.59
Runs the contract	The Project Manager. Not a Party. Alone changes the ScopeClause 14.3	The Engineer, appointed by the Employer. Not a PartySub-Clause 3.1
How they act	As the contract states, with mutual trust and co-operationClauses 10.1, 10.2	For the Employer, but neutrally when agreeing or determining. Cannot amend the ContractSub-Clauses 3.2, 3.7
Contractor’s side	No set representative. Key persons namedClause 24.1	The Contractor’s Representative gives every NoticeSub-Clause 4.3

Topic	ECC	Red Book
Delegation	Any action, once the Contractor is notifiedClause 14.2	By Notice to both Parties. Never 3.7 work or a Notice to CorrectSub-Clause 3.4
Replacement	The Client names the replacement. No notice periodClause 14.4	Notice at least 42 days ahead. Objection within 14 daysSub-Clause 3.6

Topic	ECC	Red Book
Form	“in a form which can be read, copied and recorded” (13.1). Notifications go aloneClause 13.7	In writing, headed as a Notice, from the named person’s own addressSub-Clause 1.3
Takes effect	As it passes through the portal the Scope namesClause 13.2	When received. A portal Notice is deemed received next daySub-Clause 1.3
Replies	Within the period for reply. Extended only by agreement in timeClauses 13.3, 13.5	No general period. Each Sub-Clause sets its ownSub-Clause 4.4.1
Clashes	No ranking. Dana states how to resolve itClause 17.1	A priority list, then a Notice to the EngineerSub-Clause 1.5

Source: ECC 10.1, 10.2, 11.2(13), 13.1, 13.2, 13.3, 13.5, 13.7, 14.2, 14.3, 14.4, 17.1, 24.1. FIDIC 1.1.9, 1.1.59, 1.3, 1.5, 3.1, 3.2, 3.4, 3.6, 3.7, 4.3, 4.4.1.

When documents conflict

Aldermere’s contract is a stack of documents, so which one wins a clash?

The ECC ranks no document, so Dana Whitfield, the Project Manager, resolves clashes

The Red Book ranks its documents, Contract Agreement first

A Red Book discrepancy goes to Dana by Notice, and she clarifies

Aldermere’s documents line up across the versions, but only the Red Book ranks them

Suppose these clashes turn up, and sort each by how it is settled

Higher rank prevails

The list cannot settle it

ECC: Dana states how

Two questions on what you have just covered

Notify every clash early, by the route your contract gives

The whole module side by side, for when you need a quick reminder