18th August 2022
The inclusion of clauses in commercial contracts which encourage sustainability and positive climate change action is becoming increasingly commonplace. Funders and Investors are placing greater value on such concepts in addition to profitability. In this first edition of our series of articles considering sustainability clauses, our Construction & Engineering and Infrastructure & Energy experts Carly Thorpe and Adam Bertram consider Option X29 of the NEC4 suite of contracts.
The NEC – a body which publishes a range of standard form construction contracts – recently published for consultation a new Secondary Option clause (Option X29) for inclusion in its NEC4 suite of contracts. The aim of Option X29 is to encourage sustainability and positive climate change action on construction projects.
The consultation ended in May 2022 and we await publication of the final version of the clause.
The procedures introduced in Option X29 could be applied to other forms of contract. It is fairly simple to understand and easy to implement if the parties are willing to do so. A simplified model of Option X29 could be adopted in almost any contract i.e. not utilising a performance table and simply providing a warranty that the contractor will comply with certain defined climate change requirements.
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