What does NEC4 clause 60.1(15) mean?
The Project Manager certifying take over of a part of the works before both Completion and the Completion Date is a compensation event.
Updated: 15 September 2026. By Jack Butler-Kettle, Quantity Surveyor & Claims Consultant.
The answer
Clause 60.1(15) deals with early partial take over. The event is that the Project Manager certifies take over of a part of the works before both Completion and the Completion Date. Both conditions must be met: the take over is before Completion of the whole of the works has been certified, and it is before the Completion Date. If the Contractor is late and the Client takes over a part after the Completion Date has passed, the paragraph does not apply, because the Client is then taking what it should already have had. The event turns on the Project Manager's certificate, so the certificate is the document to obtain. To rely on the paragraph the Contractor shows the certificate, the part it covers, the date, and that both Completion and the Completion Date were later. The event arises from the Project Manager's own certificate, so the Project Manager notifies it at the time of certifying; the Contractor should notify under clause 61.3 if that does not happen, and the eight week bar does not apply because the Project Manager should have notified. The change to the Prices is assessed under clause 63.1 as the effect of the take over on actual Defined Cost by the date of the certificate and forecast Defined Cost afterwards, plus the Fee, and the effect is usually indirect: loss of the taken over part for access or storage, working around the Client's occupation, additional protection and separation, out of hours working, split commissioning and maintaining separate temporary services. What most often goes wrong is that the Contractor treats early take over as good news and quotes nothing, then finds the working conditions have changed and the eight weeks have long passed, or that the quotation includes the cost of completing the part itself, which was always the Contractor's. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.
Example
The situation
A fit-out contractor is on an Option A contract for a mixed use building, and the Client wants a ground floor retail unit trading before the rest of the works are complete. The Project Manager certifies take over of the unit ahead of both Completion and the Completion Date.
What happens
- The Project Manager notifies the compensation event with the certificate.
- The remaining works above now have to be serviced without the retail unit's loading door.
- The fire alarm has to be split so the unit can operate on its own system while the upper floors are under construction, and a hoarding and a protected route for the public are required.
- The quotation assesses under clause 63.1 the temporary separation of the alarm and the alternative delivery route at £11,400.
- The hoarding, the protected route and the additional cleaning for the trading period are assessed at £2,650.
The quotation in figures
| Item | Amount |
|---|---|
| Alarm separation and alternative delivery route | £11,400 |
| Hoarding, protected route and cleaning | £2,650 |
| Change in Defined Cost | £14,050 |
The outcome
The change in Defined Cost is £14,050, with the Fee added at the fee percentage in the Contract Data.
