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What does NEC4 clause 60.1(19) mean?

An event which stops the Contractor completing the whole of the works, or completing them by the date on the Accepted Programme, which neither Party could prevent, which an experienced contractor would have judged too unlikely to allow for at the Contract Date, and which is not one of the other compensation events, is a compensation event.

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

The answer

Clause 60.1(19) is the prevention event, and it is the hardest paragraph in the list to satisfy. The event has four cumulative conditions. It stops the Contractor completing the whole of the works, or stops the Contractor completing them by the date shown on the Accepted Programme; neither Party could prevent it; an experienced contractor would have judged at the Contract Date that it had such a small chance of occurring that it would have been unreasonable to allow for it; and it is not one of the other compensation events. Each has to be shown. Stops means stops, so an event that only makes the work slower or dearer is outside the paragraph. Neither Party could prevent it excludes anything within either Party's control, including their suppliers. The experienced contractor test is the same test used for physical conditions in clause 60.1(12), applied at the Contract Date, so a known possibility at signing fails it. The Contractor notifies the event under clause 61.3 within eight weeks of becoming aware that it has happened, and should give an early warning under clause 15.1 the moment it is foreseeable, because clause 61.5 and clause 63 require an event to be assessed as if an early warning had been given where an experienced contractor could have given one. 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, generally standing resources, preservation of the works and remobilisation. What most often goes wrong is that the Contractor notifies a general disruption, such as a supply shortage that made materials dearer, when nothing stopped completion, or cannot show that the event was unforeseeable at the Contract Date. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.

Example

The situation

A bridge deck contractor's only access to the Site is a single public road. A gas main outside the Site ruptures, and the highway authority closes the road to everything but emergency traffic for 18 days while the main is replaced.

What happens

  1. No deliveries, plant or crews can reach the deck in that period and the work stops.
  2. The event is tested against the other clauses: the rupture is outside the Site, so clause 60.1(12) does not apply, and it is not weather.
  3. The event is also not an act of the Client or Others on the Site, and neither Party could have prevented it.
  4. The contractor gives an early warning on the day of the closure, notifies a compensation event under clause 61.3 and records the closure order.
  5. The quotation assesses under clause 63.1 the standing crews, the hired formwork and the crane retained through the closure at £24,300 of Defined Cost.

The outcome

The quotation goes in at £24,300 of Defined Cost with the Fee added at the fee percentage in the Contract Data.