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What does NEC4 clause 60.1(14) mean?

It makes an event the contract says is the Client's liability, or on a subcontract your main contractor's, a compensation event.

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

The answer

It links the compensation event list to the contract's split of liabilities. In the NEC4 main contract, the liability section lists what the Client carries. Broadly, that is its use or occupation of the works, its own fault or breach, and loss of or damage to things it supplies. It also covers causes treated as outside the Contractor's control, and any extra liabilities in the Contract Data. On an NEC subcontract, read those as your main contractor's liabilities, and check your own subcontract's list. If one of those events happens and affects you, it is a compensation event. So you are not left with a claim outside the contract. To rely on the clause, show the event, that it falls within a liability the contract gives the other side, and its effect on your work. Notify under clause 61.3 within 8 weeks of becoming aware 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. That typically means repair or replacement, standing time and protection, with the risk allowances clause 63 requires. Where insurance pays for the same loss, the two must be reconciled so the same cost is not paid twice. Two things go wrong most. You repair damage caused by the other side's staff as if it were your own defect, so it is never notified and the 8 weeks pass. Or the cause is disputed, and nobody took a record at the time. 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 joinery subcontractor has fitted reception desks and panelling in a building its client has started to occupy. The occupier's facilities staff, moving equipment through reception, damage the panelling and one desk. The subcontract makes that cause the main contractor's liability.

What happens

  1. The subcontractor photographs the damage that day, and records the staff involvement in the site diary.
  2. It gives an early warning and notifies the event under clause 61.3.
  3. The quotation assesses replacing the damaged panels and desk top at £4,750, and the extra attendance and protection at £1,130, under clause 63.1.
  4. The Fee is added to the £5,880 change in Defined Cost at the Contract Data percentage.

The quotation

ItemAmount
Replacement of the damaged panels and desk top£4,750
Additional site attendance and protection£1,130
Change in Defined Cost£5,880

The outcome

Because the damage came from the main contractor's liability, it is not a Defect. The cost is not treated as the subcontractor's own correction work.

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