Clause 60.1(5) makes it a compensation event when the Client or Others work outside the times on the Accepted Programme or the conditions in the Scope, or do Site work the Scope doesn't mention. It's the usual route when a utility or the Client's direct contractor gets in the way.
The entry is the same in NEC3 and NEC4 ECC in substance, using Employer and Works Information in NEC3. What makes or breaks it is what your own documents say about the third party, which is why the Accepted Programme matters as much here as anywhere in the compensation event list.
What triggers it
| Limb | Test against | Typical example |
|---|---|---|
| Not working within the times | The Accepted Programme | A utility diversion shown as three weeks takes six |
| Not working within the conditions | The Scope | The Scope says Others will work nights only and they turn up by day, blocking the haul road |
| Work on Site not stated | The Scope | The Client lets a fibre company dig across the Site with no mention in the Scope |
Who counts as Others
Others is a defined term. Broadly, it means anyone other than the Client, the Contractor (with its own people, Subcontractors and suppliers), and the people named in contract roles such as the Project Manager, Supervisor and Adjudicator. So utilities, statutory bodies, neighbours and the Client's direct contractors are in, while the Contractor's own Subcontractors are out. A late Subcontractor is the Contractor's own risk.
How it is usually evidenced
Clause 31.2 requires the programme to show the order and timing of work by the Client and Others as last agreed with them. That's the baseline for the first limb, so this entry often depends on how much care went into those activities.
- The Accepted Programme current at the time, with the third party's work on it.
- Scope wording on conditions, working hours, sequences or interfaces.
- Dated records: diaries, photos, permits, attendance on Site, meeting minutes and letters from the third party.
- What the Contractor couldn't do because of it, such as the blocked work front and the resources affected.
Worked example
A fictional town-centre highways scheme on Option A, with illustrative figures. The Accepted Programme shows a gas diversion by the network operator from 1 June to 19 June, with the Contractor's kerbing starting on 22 June. The gas crew has a shortage of welders and finishes on 10 July.
The Contractor gives an early warning on 12 June. The diversion was on the Accepted Programme, so the first limb applies, and the Contractor notifies under 60.1(5) on 22 June.
| Item | Defined Cost |
|---|---|
| Kerbing gang redeployed to another phase for one week, with lost productivity in resequencing | £4,800 |
| Traffic management retained for 3 extra weeks | £13,500 |
| Site running costs for 2 weeks' delay to planned Completion | £12,700 |
| Subtotal | £31,000 |
| Fee at an illustrative 11% | £3,410 |
| Change to the Prices | £34,410 |
The diversion overran by three weeks. Resequencing recovered a week, so the Completion Date moves by two. Had the diversion not been shown on the programme at all, and not in the Scope either, the Contractor would have moved to the third limb, arguing that it's work not stated. The result can be similar, but the evidence is different.
How it is assessed
The Contractor generally notifies this one, as nothing the Project Manager did caused it. The dividing date is the date of notification, so costs up to then are actual and later costs are forecast. The eight-week time bar runs from awareness. On a long overrun, there's a practical choice between notifying once you know it's late and waiting until the end; the contract lets you notify an event you expect to happen, so waiting rarely helps. For the mechanics, see assessing compensation events.
What people get wrong
- Leaving third parties off the programme. If the utility's work isn't on the Accepted Programme, the times limb is gone. Show the work and the dates you have agreed with them.
- Vague Scope conditions. "The Contractor co-ordinates with others" gives no conditions to test against. Clients get fewer disputes when the Scope sets out who is on the Site and how they work; contractors should query it at tender if it doesn't.
- Treating every interruption as a breach by the Client. The specific entry comes first; 60.1(18) only covers what's left.
- Assuming the third party's own contract helps you. You have no entitlement against a network operator under the NEC contract. The event gives you a remedy against the Client, and any recovery from the third party is the Client's matter.
- Overlooking Contractor-caused delay. If the Contractor's late start pushed Others out of their slot, the record needs to show it. That can defeat the event, or reduce it, because the assessment is based on what the event itself caused.
- Not sharing Working Areas properly. Clause 25.1 expects the Contractor to work alongside Others and share the Working Areas. Refusing access to them and then claiming for the result won't work.
Related guides
- NEC Compensation Events: The Complete Guide
- Compensation Event: Late Reply to a Communication
- Compensation Event: Objects of Value or Interest Found
- Compensation Event: A Changed Decision
- Compensation Event: Something the Client Should Provide
- Compensation Event: Instruction to Stop or Not Start Work
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