Is it possible to use NEC 4 Secondary Clasues in a NEC 3 option A Sub-Contract?

We have a project where we are being set up on a NEC 3 option A Sub-Contract. We asked what the secondary clauses to be included are X2, X16 & X22.

X22 - Early contractor involvement is an NEC 4 Clause.

Can this be used in NEC 3.

NB - Not looking to catch anyone out, merely for general interest.


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Straight answer to the question - if its an NEC3 and calls up X22, that doesn’t work as NEC3 does not have an X22. You would also get the NEC3 versions of X2 and X16.

You could have ECI in NEC3, but it came out in a separate publication - the Early Contractor Involvement Clauses of January 2016. I’ve not checked, but I think that then became X22 with few, if any, changes.

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