The NEC Others definition works by exclusion: Others are everyone not on a short list of people closely tied to the contract. That list covers the Client, Project Manager, Supervisor, Adjudicator, Contractor, and the Contractor's employees, Subcontractors and suppliers. Everyone else counts, including utilities, neighbours, local authorities and the Client's separate contractors.
The capital letter matters. "Other parties" in a site meeting usually means anyone at all, but Others has a fixed meaning under clause 11.2 (item 10 in NEC3 ECC). The main reason to care is that it decides who bears the risk when an outsider causes delay. This page is part of the NEC definitions glossary.
Who counts
| Person or organisation | Others? | Why |
|---|---|---|
| A utility company diverting a main | Yes | Not on the excluded list, unless engaged by the Contractor |
| The Client's separate fit-out contractor | Yes | A different contract, and not the Client itself |
| A local highway authority | Yes | Outside the contract |
| A neighbouring landowner | Yes | Outside the contract |
| The Contractor's groundworks subcontractor | No | Subcontractors of the Contractor are excluded |
| The Contractor's concrete supplier | No | Suppliers of the Contractor are excluded |
| A utility engaged directly by the Contractor to do part of the work | No | It's now in the Contractor's supply chain |
| The Project Manager's staff | No, in effect | They act for a named role, under delegation |
The last utility row shows that the same organisation can fall on either side depending on who engaged it. That's why contract arrangements for diversions are worth checking early.
Where it matters most
The main use is the compensation event at 60.1(5). If the Client or Others work outside the times on the Accepted Programme, ignore the conditions the Scope sets for them, or do work on the Site the Scope doesn't mention, the Contractor has an event. It's the same test for all three failures.
Others appears elsewhere too:
- Completion: the definition considers whether Others can do their work, so their needs can decide when Completion happens.
- Co-operation: under clause 25.1 the Contractor works with Others and shares the Working Areas as the Scope says.
- Programme: clause 31.2 requires the programme to show the order and timing of their work, as last agreed with them or as the Scope states.
A worked example
A fictional road widening. The Scope says the water company will divert a main in weeks 10 to 14, and the Accepted Programme shows the same. The water company actually arrives in week 17 and finishes in week 21.
| Question | Answer |
|---|---|
| Is the water company one of Others? | Yes. The Client arranged the work by a separate agreement. |
| Was the work outside the programmed times? | Yes, so 60.1(5) applies. |
| What's assessed? | The effect on Defined Cost and Completion, in the normal way. |
| Should someone have warned earlier? | Possibly. If the Contractor knew in week 8 that the company wasn't ready, the Project Manager may raise a missed early warning. |
Change one fact: suppose the Scope and programme never mentioned the diversion, and the water company simply turns up and starts digging. The event still applies, because the Scope didn't state that work. But if the programme had shown a date the Contractor made up, with no agreement from the company, expect an argument over whether the date really reflected what was agreed.
Why it causes problems
- Vague programmes. If the Others' work isn't shown clearly, the test has nothing to measure against. It's easy to prove late against a stated date, and hard otherwise.
- Vague Scope. "Utilities will be diverted by others" with no timing or conditions gives a weak basis for an event. Note the lower-case "others" in much drafting, too. Draft it with care.
- Wrong assumptions about the Client's control. The Client may have no influence over a statutory body. The risk still sits with it unless a Z clause moves it. Read your Z clauses closely, because this is a frequent target for amendment.
- Treating the public as Others in every case. Protesters or trespassers are outside the list, but 60.1(5) concerns those working on the Site. An event of that kind may need another route, if any.
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