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What does NEC4 clause 60.1(16) mean?

It is a compensation event when the Client does not provide materials, facilities and samples for tests and inspections as stated in the Scope.

Updated: 15 September 2026. By Jack Butler-Kettle, Quantity Surveyor & Claims Consultant.

The answer

Clause 60.1(16) is a narrow event about testing. The event is that the Client does not provide materials, facilities and samples for tests and inspections as stated in the Scope. The contract's testing section requires the Contractor and the Client each to provide the materials, facilities and samples for tests and inspections that the Scope allocates to them, and this paragraph gives the Contractor a remedy when the Client's side is not provided. It overlaps with clause 60.1(3), but it does not depend on a date shown on the Accepted Programme; it depends on what the Scope states, so a Contractor whose programme does not show the Client's test facilities may still succeed here. To rely on the paragraph the Contractor shows the Scope provision that puts the item on the Client, the test or inspection it was for, the point at which the item was needed for that test, and that it was not provided then. The Contractor notifies the event under clause 61.3 within eight weeks of becoming aware, which is when the test could not proceed for want of the Client's item. The change to the Prices is assessed under clause 63.1 as the effect on actual Defined Cost by the date of the notification and forecast Defined Cost afterwards, plus the Fee, most often the cost of sourcing the item elsewhere with the Project Manager's agreement, a repeat test visit, and resources standing while the test was rearranged. What most often goes wrong is that the Scope is silent or ambiguous about who provides the item, in which case the paragraph gives nothing and the argument moves to whether the Scope was changed, or that the Contractor sources the item itself without telling anyone and presents the invoice at the next assessment without a notification. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.

Example

The situation

A pipeline contractor is to pressure test a completed section of water main, and the Scope states that the Client provides the potable water for testing and disinfection from an adjacent works. On the test day the Client's supply is unavailable and the Client's operations team cannot say when it will be restored.

What happens

  1. The contractor gives an early warning and notifies a compensation event under clause 61.3 the same week.
  2. With the Project Manager's agreement, tankered water is brought in so the test and the commissioning that follows it can proceed.
  3. The quotation assesses under clause 63.1 the tankered water and the additional pumping at £2,975 and the test crew and instruments standing for the rearranged test at £1,540.
  4. The Fee is added to the £4,515 change in Defined Cost at the fee percentage in the Contract Data.
  5. The Scope extract, the test notice and the Client's message about the supply are attached.

The quotation in figures

ItemAmount
Tankered water and additional pumping£2,975
Test crew and instruments standing£1,540
Change in Defined Cost£4,515

The outcome

The test and the commissioning proceed on tankered water, and the quotation carries the £4,515 change in Defined Cost plus the Fee with the Scope and supply records attached.