Plain English Explanation
This CE covers the situation where the Scope states that the Client will provide certain materials, facilities, samples, or equipment for the Contractor's use, and the Client fails to provide them. This is distinct from access (60.1(2)) — it covers physical items rather than site access.
Examples include: Client-supplied fixtures, free-issue plant, specialist equipment, fuel, samples for testing, or any other resource the Scope says the Client will provide. If these are not delivered on time or at all, you are entitled to a CE.
Always check the Scope carefully for any Client-supplied items and ensure delivery dates are reflected in the Accepted Programme so the entitlement is clearly linked to a programme obligation.
Key Takeaway
Check the condition of free-issue materials when they arrive on site and note any defects or damage in writing immediately — a clean delivery record protects both your quality position and your CE entitlement.
What This Means for Subcontractors
Free-issue materials are common in certain subcontract packages — for example, Client-supplied sanitaryware on fit-out projects, or main contractor-supplied structural steel for fixing subcontractors. If these are late, ensure your subcontract clearly records the obligation and the date by which they are required. Notify a CE promptly if delivery is late.
Common Risks & Disputes
- 1The Scope being vague about exactly what the Client will provide, when, and in what condition
- 2Late delivery of free-issue materials disrupting your programme — the programme impact can exceed the direct cost of delay
- 3Materials being provided in a defective condition — check whether the CE covers rectification of defective Client-supplied items
- 4Failing to check and record the condition of materials on receipt, leading to later disputes about who caused any defects
- 5The PM arguing that the delay in provision was immaterial because you had other work to do
Sources
Related Clauses
Client does not provide something by a date in the Accepted Programme
Client failing to provide items by programmed dates — parallel obligation
Client does not allow access by a date in the Accepted Programme
Access failure — often accompanies failure to provide items
Client or Others do not work within the conditions stated in the Scope
Others breaching Scope conditions affecting free-issue items
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