60.1(3): Client does not provide something by a date in the Accepted Programme | NEC Clauses Explained

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

Plain English Explanation

Similar to 60.1(2), this CE covers situations where the Client is supposed to provide something — materials, equipment, information, or a free-issue item — by a date in the Accepted Programme, but fails to do so. The Client's obligations to provide things are set out in the Scope and Contract Data.

Common examples include: Client-supplied plant or equipment, information packages (surveys, geotechnical reports), utility connections, design information, or interfaces with Client-run systems. If any of these are late, this CE is triggered.

This CE reinforces the collaborative nature of NEC — both parties have obligations, and a failure by either side is dealt with through the compensation event mechanism rather than disputes.

Key Takeaway

Include every item the Client or main contractor must provide in your Accepted Programme with a specific required date — without it in the programme, the CE trigger does not exist.

What This Means for Subcontractors

Under a subcontract, the Contractor takes on the Client's role. If the main contractor fails to provide free-issue materials, design drawings, or plant by the dates shown in your programme, you should notify a CE. Ensure your subcontract programme is detailed enough to show the dates by which you need each deliverable from the main contractor.

Common Risks & Disputes

1Client obligations not being listed in the Scope with clear delivery dates
2The PM arguing that the item was provided 'substantially' on time or that the delay was immaterial
3Failure to record the impact of late information on your works — programme disruption is often more significant than direct delay
4Relying on informal chasing rather than formal CE notifications when information is late
5Inadequate detail in the Accepted Programme — the dates must be expressly shown to trigger entitlement