Definition and Contracts
What is Communication?
It is difficult to be precise with a definition as it is a broad subject, but I would suggest the following;
‘Communication is the process of conveying information that gives a particular message to those who receive it.’
The ‘message’ that is received through communication is dependant upon numerous factors, including;
- The type of communication,
- How the communication is delivered,
- Background circumstances,
- Motivation of the communicator,
- Purpose of the communication.
To be effective, any communication needs to be clearly understood by the intended recipients. The quality and clarity of a communication, therefore, may be improved with knowledge and understanding of the intended recipients.
Although contracts usually require communications to be formal, the basic principles of communication continue to apply.
Contracts often prescribe certain requirements for communications, including;
- The ‘type’ of communication,
- How a communication is delivered,
- The purpose of a communication.
Any such prescribed requirements, however, should not ‘constrain’ the communication process between the parties and named roles of a contract, and to ensure a collaborative approach it is advised to discuss matters informally before recording and communicating information formally, as the contract requires.
NEC4 Contracts – Compliance
Communications form an essential part of all NEC4 contracts. Although it is not a defined term I would define an NEC4 communication as;
‘The transfer of written information that is the product of a contract action, which is necessary to give effect to a requirement, process or procedure.’
There are many different ‘types’ of communication within NEC4 contracts, each serving a particular purpose, with the contract describing the ‘type’ of communication required.
All the NEC contracts generally contain the following provision at clause 13.1;
‘Each communication which the contract (or subcontract) requires is communicated in a form which can be read, copied and recorded. … ‘
An important term here, which is often overlooked, is;
‘ …. which the contract (or subcontract) requires … ‘
The word ‘requires’ is not defined and could be interpreted strictly as a reference to a ‘precise obligation’ or could be a general reference to ‘any’ communication given in relation to a contract process or procedure.
What is clear, however, is that a communication must be given in a form which can be;
‘ … read, copied and recorded … ‘
This suggests that the communication should be in writing, especially as the contracts do not contain any provision for verbal communications.
Finally, the written text in a communication is required to be in the;
‘ … language of the contract.’.
This is an identified term and described in the Contract (or Subcontract) Data.
To learn more about NEC4 contracts, you can email me on awooldridge-irving@gvecs.co.uk
