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What does NEC4 clause 60.1(17) mean?

The Project Manager notifying a correction to an assumption which the Project Manager stated about a compensation event is itself a compensation event.

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

The answer

Clause 60.1(17) is the only route by which an implemented compensation event is revisited. When the effects of a compensation event are too uncertain to forecast reasonably, the Project Manager may state assumptions about them and the quotation is assessed on those assumptions; when an assumption later proves wrong, the Project Manager notifies a correction, and clause 60.1(17) makes that notification a new compensation event. The event is not the discovery that a forecast was wrong, but the notified correction to an assumption the Project Manager, not the Contractor, stated. A Contractor's own assumption in its quotation is not one the Project Manager stated, and under clause 66.2 an implemented assessment is not revised, so a wrong Contractor forecast stays wrong. To rely on the paragraph the Contractor shows the earlier compensation event, the assumption the Project Manager stated in writing about it, and the Project Manager's notification correcting it. Where the Contractor believes an assumption is wrong, it asks the Project Manager in writing to correct it; if the Project Manager refuses there is no event. Because the event arises from the Project Manager's own notification, the Project Manager notifies the compensation event with the correction and instructs a quotation; if it does not, the Contractor notifies under clause 61.3 without the eight week bar, because the Project Manager should have notified. The change to the Prices is assessed under clause 63.1 as the effect of the correction on actual Defined Cost by the date of the notification and forecast Defined Cost afterwards, plus the Fee, which is the difference the correction makes, and it can reduce the Prices as well as increase them. What most often goes wrong is that the Project Manager never records assumptions in writing, so the later dispute is about whether an assumption was stated at all. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.

Example

The situation

A civil engineering contractor is instructed to excavate and replace soft ground beneath a road formation. Because the extent could not be probed in advance, the Project Manager states an assumption that 250 cubic metres will be removed and replaced, and the compensation event is quoted, accepted and implemented on that basis.

What happens

  1. On completion the surveyed volume is 410 cubic metres.
  2. The contractor writes to the Project Manager with the survey and asks for a correction to the assumption.
  3. The Project Manager notifies the correction and, with it, a compensation event under clause 60.1(17).
  4. The quotation assesses under clause 63.1 the additional 160 cubic metres at the Defined Cost of excavation, disposal and imported fill shown in the records, £48 per cubic metre, which is £7,680.
  5. The Fee is added at the fee percentage in the Contract Data.

The correction in figures

ItemQuantity
Volume stated in the assumption250 cubic metres
Volume surveyed on completion410 cubic metres
Difference assessed160 cubic metres
Defined Cost from the records£48 per cubic metre
Additional Defined Cost before Fee£7,680

The outcome

The original event is not reopened; only the corrected difference of 160 cubic metres, £7,680 plus Fee, is assessed.