Hi Dean, as you have said, ‘communication’ within NEC contracts is not a defined term.
The NEC3 ‘long forms’ (ECC, ECS etc) generally state ‘types’ of communication, including; instruction, certificate, submission, proposal, record, acceptance, notification etc, although this is not replicated in the ‘short form’ versions.
The NEC4 contracts have also been amended so they don’t state the ‘types’ of communication at clause 13.1, as NEC3 contracts did, although the list was not exhaustive.
A communication under NEC contracts is essentially the transfer of information that is required by the contract, usually to give effect to a process or procedure. The clause where a communication is required usually states the ‘type’ of communication (see above list).
The requirement for a communication to be ‘read, copied and recorded’ is generally accepted to mean that it has to be in writing (no oral communications), it can be duplicated (sent on or kept as a record for whatever purpose, such as audit or assurance) and that it can be retained as a record of what has been communicated. In your example, an email would be a ‘compliant’ form of communication.
The period for reply would apply to all required communications which do not have a specific timescale stated. The NEC clause would either state ‘period for reply’ or where it is silent then the period for reply would apply. Any period to respond may be extended under the ‘long form’ contracts, but only by prior agreement.
If a communication is not responded to (where there is a requirement to respond), within the time required, then this is a compensation event, which should be notified as such.