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What does NEC4 clause 60.1(5) mean?

It is a compensation event when the Client or Others do not work within the times shown on the Accepted Programme or the conditions stated in the Scope, or carry out work on the Site that the Scope does not state.

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

The answer

Clause 60.1(5) protects the Contractor against interference by people it does not control. The event has three alternative limbs: the Client or Others do not work within the times shown on the Accepted Programme; the Client or Others do not work within the conditions stated in the Scope; or the Client or Others carry out work on the Site that is not stated in the Scope. Others is a defined term for people and organisations who are not the Client, the Project Manager, the Supervisor, the Adjudicator, the Contractor or a supplier or subcontractor of the Contractor, so a statutory undertaker, a direct fit-out contractor or the Client's own operations staff all count. To establish the first limb the Contractor needs an Accepted Programme that shows the times within which the Client or Others were to work, which means the programme must plot their activities and not only the Contractor's; without that the limb fails. The second limb needs the Scope to state the conditions, such as working hours, sequence or areas, that the Client or Others were to observe. The third limb needs evidence of the work done and that the Scope did not mention it. The Contractor notifies the event under clause 61.3 within eight weeks of becoming aware of the interference. 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 disruption, return visits, protection and standing time. What most often goes wrong is that the programme shows the Client's activities as a note rather than as dated work, or that the Contractor records the interference in a site diary but does not notify it until the next application, by which time the eight weeks have passed. Any delay to the Completion Date is assessed separately under clause 63 by the programming expert.

Example

The situation

A flooring contractor is to lay resin flooring on the second floor in the period shown on the Accepted Programme, which shows the Client's direct furniture installer clearing that floor before the resin gang arrives. The installer is still working on the floor for 6 days into the resin period.

What happens

  1. The gang lays what it can, returns to complete the balance, and grinds and re-primes a strip contaminated by the installer's fixings.
  2. The Contractor notifies the compensation event under clause 61.3 on the first day of the overlap and records the installer's presence with dated photographs.
  3. The quotation assesses under clause 63.1 the additional labour for the return visit and the standing time at £3,660 and the extra grinding plant and materials at £720, a change in Defined Cost of £4,380.
  4. A fee percentage of 15 per cent gives a Fee of £657.

The quotation in figures

ItemAmount
Additional labour for the return visit and standing time£3,660
Extra grinding plant and materials£720
Change in Defined Cost£4,380
Fee at 15 per cent£657
Proposed change to the Prices£5,037

The outcome

The proposed change to the Prices is £5,037: the £4,380 change in Defined Cost plus the £657 Fee.