Jurisdiction(s):
United Kingdom

Key definition

Partnering definition

What does Partnering mean? Partnering describes a collaborative approach to construction procurement and project delivery in which the client, contractor and key supply chain members agree to pursue shared objectives, resolve problems proactively and manage risk collectively. It commonly features open-book cost transparency, joint performance targets and incentives such as pain/gain share. In legal practice, partnering is a descriptive concept rather than a status defined in legislation or case law. It does not, of itself, create a partnership at law or fiduciary duties. The approach is implemented through contract terms (for example, duties to act in mutual trust and co-operation), framework or multi-party agreements, partnering...

NEC3/NEC4 Option X12: multiparty partnering via bilateral contracts—Core Group governance, KPIs (incompatible with X20), information-sharing duties and dispute resolution without inter-Partner legal rights

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Practice notes

Option X12

This Practice Note examines Option X12 of the NEC3 and NEC4 contracts, titled ‘Multiparty Collaboration’ in NEC4 and ‘Partnering’ in NEC3. It is one of the secondary Options in NEC, selectable by the Client (the ‘Employer’ in NEC3) to tailor the contract to its needs or the project’s needs (see Practice Note: NEC contracts—introduction). Unless the context indicates otherwise, references to the Client include the Employer where NEC3 is used. Option X12 was developed from the Construction Industry Council’s ‘Guide to Project Team Partnering’. It was first published in June 2001 as a secondary Option (Option X12) for incorporation into the NEC2 Engineering and Construction Contract (ECC). As with the other secondary Options, Option X12 operates alongside and supplements the Core Clauses together with the selected main Option. In the case of Option X12, its inclusion is intended to introduce partnering concepts and mechanisms into an NEC contract (see Practice Note: Partnering). In terms of substance, Option X12 under NEC4 remains, overall, for the most part, broadly the same as it was under NEC3...

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Web page updated on 21/05/2026

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