NEC4 Contract Preparation · Lesson 3 of 3
Sections and compensation events
Why it matters
Old foundations turn up under Station Road on 3 March 2026, so which clauses apply?
A look ahead to the works.
Source: ECC 60.1(12), 61.3.
The rule
A clause's first digit gives its section
Main Option clause 20.4 sits beside core 20.1.
10 → 19
20 → 29
30 → 36
40 → 46
50 → 53
60 → 66
70 → 74
80 → 86
90 → 93
Source: ECC core clauses, sections 1 to 9.
The rule
A compensation event is notified, quoted, assessed, implemented
Mind the eight weeks.
- Notify8 weeks61.3
- Quote3 weeks62.3
- Reply or assess2 weeks62.3
- Implement66.1
Notify “within eight weeks of becoming aware that the event has happened” (61.3).
A quotation prices Defined Cost, the Fee and delay. The Project Manager replies or assesses it herself.
Source: ECC 61.1, 61.3, 62.3, 63.1, 66.1.
See it on the project
CE007 ran from discovery to implementation in nine weeks
Tap a marker, then work out the deadline.
- 13 MarFoundContractor Old foundations found in the culvert trench. The Contractor's planner gives an early warning the same day.
- 26 MarNotified as CEContractor Notified as a compensation event under 60.1(12), well inside the eight weeks (61.3).
- 311 MarQuotations askedProject Manager Dana Whitfield, the Project Manager, confirms the event within a week and asks for quotations (61.4).
- 430 MarQuotation sentContractor Quotation: GBP 86,400 and 9 days, inside the three weeks (62.3).
- 510 AprRevision askedProject Manager Dana asks for a revised quotation. The breaker hire period is too long.
- 628 AprRevised quotationContractor Revised quotation: GBP 81,200 and 7 days.
- 75 MayAcceptedProject Manager Dana accepts it. CE007 is implemented and the Completion Date becomes 7 May 2027 (66.1).
…
An early warning tells the Project Manager of a matter that could add cost or delay.
The Contractor became aware on 3 March 2026. What was its last day to notify?
ECC 61.3
Source: ECC 61.3, 61.4, 62.3, 66.1.
Try it
Sort each event by who notifies it
Five events. Each answer gives the clause.
Hint: did the event come from an instruction or decision of the Project Manager or the Supervisor, the Client's quality inspector?
…
The Project Manager
- An instruction from Dana to flatten the embankment slope
- The Supervisor instructs a search that finds no Defect
- Dana changes a decision she gave earlier
The Contractor
- Old foundations found in the culvert trench
- Aldermere Power, the electricity utility, works on days the Accepted Programme does not show
Source: ECC 61.1, 61.3.
Quick check · The time limits
Two questions on what you have just covered
Pick an answer to see why.
2 questions to answer
Source: ECC 61.1, 61.3, 62.3.
Recap
Find the section first, then notify inside eight weeks
Habits that protect the Prices and the dates.
On Monday at work
- Use the first digit of a clause number to find its section.
- Note the day you became aware of each event.
- Diary the end of the eight weeks that day (61.3), and notify with Letter 02.
In the Toolkit: NEC4 ECC Notice Letters (zip) Members
Independent course material. It is not published or endorsed by NEC. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023, unless another NEC4 contract is named. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.
Source: ECC 61.3, 62.3, 66.1.
Go deeper (optional)
A change to the Prices and the dates is the only remedy
Two harder points. Open them when you have a minute.
Can the Contractor recover the cost of an event under the general law instead?
ECC 63.6
Do courts read unclear words against the party relying on them?
ECC 17.1, 63.10
Source: ECC 17.1, 63.6, 63.10. Persimmon Homes v Ove Arup (2017).