What does NEC4 clause 60.1(2) mean?
It makes late access a compensation event, so you can claim if you cannot get into part of the Site when the contract says you should.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
In the NEC4 main contract it is the Client who must give access. On an NEC subcontract it is your main contractor. You must be given access to, and use of, each part of the Site by the later of two dates. One is the access date for that part in the Contract Data. The other is the date for access on the Accepted Programme, the programme your main contractor has accepted. The word later matters. If your own programme shows you needing an area after its access date, your main contractor is not late until the programme date passes. So programme access later than the Contract Data allows, and you push back your own claim. To prove the event, show which part of the Site is affected, its access date and the programme date as it stood. Then show the later of the two, and evidence you did not get access and use on that date. An area you can enter but not use still counts. Notify under clause 61.3 within 8 weeks of becoming aware, normally the day the date passes without access. 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 usually means standing people and equipment, remobilising and working out of sequence. Two things go wrong most. The Accepted Programme was never updated, so the date relied on comes from a programme nobody accepted. Or the event is notified when the cost is known, not when access was refused. 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 roofing subcontractor is due to start on the east wing on the access date the Contract Data gives, and the Accepted Programme shows the same date. Another trade has not cleared the wing, and access is refused for 19 days.
What happens
- The subcontractor notifies the event under clause 61.3 on the first day access is refused.
- It records the position each day with photographs and the gate log.
- The scaffold, the roofing gang and the hoist are kept available, because the main contractor wants work to start as soon as the wing is free.
- The quotation assesses standing Defined Cost of £2,150 a day for 19 days, £40,850, under clause 63.1.
- With a fee percentage of 8 per cent, a Fee of £3,268 is added, making a proposed change to the Prices of £44,118.
The quotation
| Item | Amount |
|---|---|
| Standing Defined Cost, £2,150 a day for 19 days | £40,850 |
| Fee at 8 per cent | £3,268 |
| Proposed change to the Prices | £44,118 |
The outcome
The proposed change to the Prices is £44,118, and any movement of the Completion Date is shown separately on the revised programme.
To have events like this logged the day they land and notified inside their period, see our Compensation Event Loss Prevention service.