Australia
There has been growing interest in Australia following Sydney Water's adoption of NEC4 contracts for their partnering for success work, collaboratively delivering water and wastewater works and services.
The Australia Y(Aus) clauses make NEC4 contracts comply with the various security of payment laws enacted in each state and territory. The clauses have separate provisions depending on where the work, service or supply is carried out, so that in any one contract only some parts of the clause will apply. The clauses for Western Australia were updated in 2024 to comply with revised security of payment legislation.
The original clause drafters are consultants Kiri Parr and Kevin Pascoe with the assistance of Consult Australia and Pinsent Masons Australia. Pinsent Masons and Owen Hayford assisted with the 2024 revisions.
Download all the Y Australia Clauses
Ireland
In Ireland, Cork County's Council's pioneering and successful use of NEC for a complex €25million (£22 million) remediation of Haulbowline Island tip prompted other local authorities to follow suit.
The new Y(IR) clause will incorporate the requirements of the Irish Construction Contracts Act 2013 into NEC4 contracts, in the same way that Y(UK)2 incorporates the UK Housing Grants, Construction and Regneration Act 1996.
The Ireland clause was drafted by James Golden of Quigg Golden Ltd.
Download all the Y Ireland Clauses
Northern Ireland
Option W2 was provided in appropriate NEC contracts to provide for adjudication and Y(UK)2 for payment to incorporate the requirements of the Housing Grants, Construction and Regeneration Act 1996.
The Northern Ireland clause was drafted by William Brown of Fortfield & Brown.
Download all the Y Northern Ireland Clauses
Singapore
NEC has worked with Singapore Building and Construction Authority to release secondary Option clauses for use in Singapore to support the use of the NEC4 Engineering and Construction Contract in the region.
These clauses enable the contract to be used alongside legislation, including The Building and Construction Industry Security of Payment Act 2004, The Contracts (Rights of Third Parties) Act 2001 and requirements relating to termination and prevention of corruption
NEC acknowledges the contributions to developing these clauses from Pinsent Masons and the NEC4 Contract Board.
