What does NEC4 clause 60.1(3) mean?
It is a compensation event when the Client does not provide something it is obliged to provide by the date shown for it on the Accepted Programme.
Updated: 15 September 2026. By Jack Butler-Kettle, Quantity Surveyor & Claims Consultant.
The answer
Clause 60.1(3) covers things the Client has undertaken to provide and does not provide on time. The event is that the Client does not provide something it is to provide by the date shown on the Accepted Programme. Something is a wide word: free issue materials, information, drawings, a power supply, a survey, a temporary works platform or a consent the Scope says the Client will obtain. The paragraph has two limbs that the Contractor must show together. First, the contract obliges the Client to provide the thing, which is usually found in the Scope or the Contract Data. Second, the Accepted Programme shows a date for it and that date has passed without provision. The second limb is where entitlement is most often lost, because a programme that does not show when the Client's items are needed gives the paragraph nothing to bite on, so every Client-supplied item should appear on the programme as a dated activity or milestone. The Contractor notifies the event under clause 61.3 within eight weeks of becoming aware that the date has passed; an early warning under clause 15.1 when the item looks likely to be late is separate and should come first. The change to the Prices is assessed under clause 63.1 on the effect on actual Defined Cost by the date of the notification and forecast Defined Cost after it, plus the Fee, typically standing resources, resequencing, additional visits and any alternative the Contractor sources with the Project Manager's agreement. What most often goes wrong is a Contractor buying the missing item itself without an instruction and expecting the cost back, or a Project Manager arguing the Contractor should have used the waiting time on other work when the programme shows it could not. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.
Example
The situation
A steel erector on an Option B contract is to receive holding down bolts that the Scope says the Client will free issue, and the Accepted Programme shows the delivery date as a milestone before erection starts. The bolts arrive 3 weeks after that date.
What happens
- The erector gives an early warning when the supplier reports the delay.
- The erector notifies the compensation event under clause 61.3 the day after the milestone passes.
- The mobile crane and erection gang are on Site for the planned start and cannot be released without a demobilisation charge.
- The quotation assesses under clause 63.1 standing Defined Cost of £4,300 per week for 3 weeks, which is £12,900, plus £1,250 for the second delivery of the crane, giving £14,150.
- With a fee percentage of 4 per cent the Fee is £566 and the proposed change to the Prices is £14,716.
The quotation in figures
| Item | Amount |
|---|---|
| Standing Defined Cost, 3 weeks at £4,300 per week | £12,900 |
| Second delivery of the crane | £1,250 |
| Defined Cost | £14,150 |
| Fee at 4 per cent | £566 |
| Proposed change to the Prices | £14,716 |
The outcome
The proposed change to the Prices goes in at £14,716, and any effect on the Completion Date is shown on the revised programme.
