What does NEC4 clause 60.1(20) mean?
It makes it a compensation event when your quotation for a proposed instruction is notified as not accepted.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
It pays for a quotation that led nowhere. Under clause 65 of the NEC4 main contract, the Project Manager can ask for a quotation for a change it is only considering, called a proposed instruction. The Contractor submits it within 3 weeks. The Project Manager replies within 3 weeks, in one of three ways. It gives the instruction, says it will not be given, or says the quotation is not accepted. Clause 60.1(20) makes the third reply a compensation event. On an NEC subcontract, your main contractor asks and replies, and your subcontract may set different periods. To rely on the clause, show the request to quote, your quotation, and the notice that it is not accepted. The event comes from the other side's own notice, so your main contractor should notify it with that notice. If it does not, you notify under clause 61.3, and the 8-week bar does not apply. 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 notice and forecast Defined Cost after it, plus the Fee. What that covers depends on the main option. Under Options A and B, clause 11.2(23) leaves the cost of preparing quotations for compensation events out of Defined Cost. So the cost of pricing the proposed instruction is out. What is left is other cost the exercise caused, such as surveys asked for alongside it. Under Options C, D, E and F, clause 11.2(24) has no such exclusion, so the people cost of preparing the quotation is in. Two things go wrong most. You treat a notice that the change will not be instructed as this event. Or you claim the whole value of the abandoned change, not the cost of responding to it. 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 lift subcontractor on an Option C subcontract is asked under clause 65 to quote for a proposed instruction adding a goods lift to a second core. Its engineers spend 62 hours on the shaft survey, drive selection and pricing, and it pays a supplier £640 for a site survey.
What happens
- The subcontractor sends the quotation within the period.
- The main contractor replies within its period that the quotation is not accepted, and notifies the compensation event with that reply.
- The quotation for the event assesses the 62 hours at the Defined Cost rate for those people, £58 an hour, which is £3,596. It adds the £640 survey, under clause 63.1.
- The change in Defined Cost is £4,236, with the Fee added at the Contract Data percentage.
The event under Option C and Option A
| Item | Option C | Option A |
|---|---|---|
| Engineering time, 62 hours at £58 an hour | £3,596 | Excluded |
| Supplier's site survey | £640 | £640 |
| Change in Defined Cost | £4,236 | £640 |
The outcome
Under Option A the same event would carry only the £640 survey, because clause 11.2(23) leaves preparing quotations out of Defined Cost.
To have every quotation built from the contract's cost components, with its assumptions stated, and sent inside its period, see our Compensation Event Loss Prevention service.