What does NEC4 clause 60.1 mean?
Clause 60.1 is the closed list of compensation events, and an event only counts if it fits one of them.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
For a plain-English overview across NEC forms and amendments, see what a compensation event is.
The answer
A compensation event is an event that is not your risk under the contract. It gets you a change to the Prices, the Completion Date or a Key Date. In plain terms, that is your contract price, your finish date or a milestone date. The list is closed. An event counts only if it fits paragraphs (1) to (20), or is an extra event written into the Contract Data under clause 60.1(21). Events your chosen options add count too. One example is a lawful suspension under Option Y(UK)2, at clause Y2.4. In the NEC4 main contract the parties are the Client and the Contractor, with a Project Manager running the contract. On an NEC subcontract, your main contractor takes the Client's and the Project Manager's part, and you take the Contractor's. Nothing in clause 60.1 pays money by itself. The money comes through the procedure that follows. You notify under clause 61.3, unless the event came from your main contractor's own instruction or decision, when it should notify. It decides under clause 61.4, and you quote under clause 62. The change to the Prices is assessed under clause 63.1. It is the effect on actual and forecast Defined Cost, the contract's measure of cost. The Fee, its percentage for overheads and profit, is added. If the procedure fails, your main contractor can make its own assessment under clause 64. The event is then implemented, meaning settled, under clause 66. The main option decides what Defined Cost is: clause 11.2(23) for Options A and B, and clause 11.2(24) for Options C, D, E and F. The Contract Data supplies the access dates, weather data, reply periods and any extra events. Two things go wrong most. Subcontractors treat any change or loss as a compensation event without matching it to a numbered paragraph. And refusals come back under clause 61.4 without saying which ground applies. 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 groundworks subcontractor on an Option A subcontract is told by the main contractor to add 60 metres of kerb that the Scope did not include. The fee percentage in the Contract Data is 10 per cent.
What happens
- The subcontractor first finds the paragraph: an instruction changing the Scope, under clause 60.1(1).
- The main contractor notifies the event with the instruction, and the subcontractor quotes under clause 62.
- The change to the Prices is assessed under clause 63.1, as the effect on Defined Cost from the Short Schedule of Cost Components plus the Fee.
- Forecast Defined Cost is £7,400, so the quotation proposes £7,400 plus £740, which is £8,140, with the details attached.
- The main contractor accepts the quotation, and the event is implemented under clause 66.
The quotation in figures
| Item | Amount |
|---|---|
| Forecast Defined Cost | £7,400 |
| Fee at 10 per cent | £740 |
| Change to the Prices | £8,140 |
The outcome
The event is implemented at £8,140, and the figure is not revisited if the actual cost turns out different.
To have a refused event tested against the clause it falls under and pressed to implementation, see our Compensation Event Claim service.