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What does NEC4 clause 60.1(13) mean?

It makes weather a compensation event only when a month's measurement at the named place is worse than the weather data show happens once in 10 years.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

For the plain answer on whether bad weather counts, see whether bad weather is a compensation event under NEC4.

The answer

It replaces arguments about bad weather with a measurement. The measurement must be recorded within a calendar month, before the Completion Date for the whole of the works, at the place the Contract Data states. Compared with the weather data, it must be shown to occur on average less often than once in 10 years. The Contract Data names the place and the measurements to be recorded, such as total rainfall or days with snow lying. It also names the source of the weather data. To prove the event, get the recorded measurement for the month, and the once-in-10-years value for that measurement and month. Then show the recorded value is worse. Weather at a different place, a measurement the Contract Data does not list, or a bad fortnight in an ordinary month do not count. You only know once the month's record is available. That is when you become aware, and you notify under clause 61.3 within 8 weeks of it. 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. Clause 60.1(13) itself limits the assessment to the difference between the measurement and the once-in-10-years weather. So you are paid only for the excess over a once-in-10-years month. Two things go wrong most. You claim for every wet day. Or you cannot separate the cost of the excess days from the days you should have allowed for. 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

An external works subcontractor is laying kerbs and asphalt on an Option C subcontract. The Contract Data names a weather station and lists total rainfall as a measurement. The station's record for one month shows 168 millimetres, against a once-in-10-years value of 131 millimetres for that month.

What happens

  1. The subcontractor notifies the event under clause 61.3 when the monthly record is published.
  2. The quotation identifies the 37 millimetres above the once-in-10-years value.
  3. Using the daily records, that excess is turned into the surfacing days lost because of it, not because of an ordinary bad month.
  4. The quotation assesses the standing surfacing gang and plant on those days at £6,300 of Defined Cost, under clause 63.1, with the Fee at the Contract Data percentage.

The rainfall in figures

ItemRainfall
Recorded for the month at the named station168 millimetres
Once-in-10-years value for that month131 millimetres
Excess37 millimetres

The outcome

The event carries £6,300 of Defined Cost plus the Fee for the days the excess caused. The ordinary bad-weather days within the once-in-10-years value are not claimed.

To have a refused event tested against the clause it falls under and pressed to implementation, see our Compensation Event Claim service.