Plain English Explanation
This CE applies where an event occurs that stops the Contractor completing the works by the planned Completion date — and that event is not one of the other listed CEs and is not the Contractor's fault. Essentially, it is a 'force majeure' type CE that covers events outside the Contractor's control that prevent completion.
Under NEC4, the event must be such that an experienced contractor would have judged it to have a small chance of occurring and would not have allowed for it in their planned Completion. Common examples might include severe national infrastructure disruptions, government-imposed restrictions affecting the specific site, or other exceptional events.
Note that this CE gives time relief — it adjusts the Completion date — but the cost relief available may be more limited than for other CEs, depending on the contract.
Key Takeaway
This CE gives time relief but cost recovery can be restricted — read your contract carefully to understand whether cost relief is also available before relying on it to protect your commercial position.
What This Means for Subcontractors
The COVID-19 pandemic tested this CE extensively. Subcontractors who claimed under equivalent provisions needed to demonstrate that the event genuinely stopped completion, not just made it more difficult or expensive. For programme relief this CE can be valuable, but the cost recovery may be limited — check your contract carefully.
Common Risks & Disputes
- 1Difficulty demonstrating that the event actually 'stopped' completion rather than merely delayed or complicated it
- 2The PM arguing the event was foreseeable or should have been allowed for
- 3This CE providing only time relief and not cost relief, leaving subcontractors with unrecovered costs
- 4The link between the event and the delay to planned Completion being hard to establish without a robust programme
- 5Over-reliance on this CE for events that should be claimed under more specific CEs
Sources
Related Clauses
Physical conditions within the Site not weather
Physical conditions — both involve events stopping progress beyond your control
Weather measurements exceed stated limits
Weather CE — a more specific force majeure-type mechanism
Event in Client's risk as stated in the Risk Register
Risk Register events that may overlap with force majeure events
Continue Learning
Not sure how 60.1(19) affects your current bid?
Upload your NEC contract to LazyQS and get a clause-by-clause risk report with plain English explanations and recommended actions.
Upload Your Contract