What does NEC4 clause 60.1(11) mean?
It makes it a compensation event when a test or inspection your main contractor carries out causes you unnecessary delay.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
In the NEC4 main contract the test or inspection is the Supervisor's. On an NEC subcontract it is your main contractor's. Show three things. First, the test or inspection was done by the other side, not one you carried out while they watched. Second, it delayed your work. Third, the delay was unnecessary. That means longer than the test reasonably needed. Examples are nobody coming when notified, the test taking longer than the Scope allows, or the result being slow to arrive. Delay that a properly run test causes anyway is yours to allow for. Only the unnecessary part is the event. That makes the record decisive: the notice you gave, when they came and when you got the result. It also shows when you could have carried on had it been run properly. Notify under clause 61.3 within 8 weeks of becoming aware of the delay. The change to the Prices, your contract price, is assessed under clause 63.1. It is the effect on actual Defined Cost up to the notification and forecast Defined Cost after it, plus the Fee. That is mainly standing people and equipment for the unnecessary period, and any resequencing. Two things go wrong most. You did not give the notice of the test the Scope required, so the late attendance was a response to short notice, not unnecessary delay. Or you claim the whole test time, not the excess. Any delay to the Completion Date is assessed separately under clause 63, and that is a job for your planner.
Example
Illustrative example. The scenario and figures are invented.
The facts
A precast concrete subcontractor gives the main contractor the notice the Scope requires that bearing pads on a run of columns are ready for inspection. The crane and erection crew are programmed to start placing first-floor planks straight after.
What happens
- Nobody comes on the notified day. The inspector attends the day after, then takes another day to confirm the result.
- Plank erection starts 2 days later than the inspection reasonably allowed.
- The subcontractor notifies the event under clause 61.3 when erection starts, with the notice, the attendance record and the confirmation.
- The quotation assesses the standing crane and crew at £3,450 a day for the 2 unnecessary days, a change in Defined Cost of £6,900, under clause 63.1.
- The Fee is added at the Contract Data percentage.
The outcome
The quotation carries £6,900 of Defined Cost plus the Fee. The inspection itself, which the subcontractor had allowed for, is not claimed.
To have a refused event tested against the clause it falls under and pressed to implementation, see our Compensation Event Claim service.