Taking Advantage of the Potential of Option X29 of NEC4 to Advance Transnational Efforts to Limit Climate Impacts of Construction

The construction sector is a major contributor to global greenhouse gas emissions that lead to climate change. Unsurprisingly, innovations to tackle the climate impacts of construction have been rooted in public law. The private sector has supported public law efforts through its own private law innovations. Some of its most notable innovations have been the extensive incorporation of climate provisions in standard form contracts like the FIDIC (International Federation of Consulting Engineers) and New Engineering Contract (NEC). The most recent innovation has been the addition of a climate clause (Option X29) to the NEC4, the latest version in the NEC series. Coming from the private sector and being grounded in private law, the potential of Option X29 to advance efforts to limit climate impacts of construction has been overlooked. Option X29 empowers the public to use judicial review to compel states to develop public law regulation of climate impacts of construction.