60.1(15): PM certifies take over of part of the works before Completion date | NEC Clauses Explained

Reviewed by LazyQS Editorial·Last reviewed: 2026-02-19

Plain English Explanation

This CE arises when the PM certifies that the Client has taken over a part of the works before the Completion date. Under NEC4, if the Client starts using a section of the works before Completion (and the PM certifies this), the Contractor may be entitled to a CE for any additional cost or loss arising from that early take-over.

This is particularly relevant to projects where the Client starts using part of a building or facility before the whole project is complete — for example, fitting out one floor while others remain under construction. Early take-over can significantly affect the Contractor's programme, access, insurance position, and risk allocation.

Note: NEC4 adjusts the way this CE operates compared to NEC3 — the NEC4 version is clearer about when early take-over triggers a CE.

Key Takeaway

If the Client begins using part of the works before the PM certifies take-over, the de facto occupation still triggers the CE — you do not need to wait for a formal certificate to notify.

What This Means for Subcontractors

Subcontractors can be significantly affected by partial take-over — particularly if it means restricted access, additional temporary protection requirements, or sequencing changes. If the main contractor receives a CE for partial take-over from the Client, check whether the subcontract passes on the commercial relief or whether the main contractor absorbs it.

Common Risks & Disputes

1Not recognising that partial beneficial occupation by the Client triggers take-over even without a formal PM certificate
2Failing to assess the cost implications of working alongside an occupied premises or live facility
3Insurance gaps — partial take-over changes who is responsible for insuring different parts of the works
4Programme disruption from having to accommodate the occupied area causing uncompensated disruption to remaining works
5The PM not certifying take-over despite the Client clearly occupying and using part of the works