Plain English Explanation
This CE covers situations where the Client, or parties described as 'Others' in the contract (e.g. other contractors appointed directly by the Client), fail to work within the conditions set out in the Scope. The Scope may state how other parties will interface with you, what sequences they must follow, or what constraints apply to their activities.
If those parties breach those conditions — for example, by working in a sequence you relied on, failing to protect your works, or creating an interface conflict — this CE may apply. 'Others' in NEC terminology means persons or organisations not under the Contractor's control but who work at the Site.
This CE is particularly relevant on complex multi-contractor sites, phased fit-outs, or infrastructure projects where multiple packages run simultaneously.
Key Takeaway
Document interference by other trades or the Client's team in real time with dates, areas, and specific impacts — without contemporaneous evidence this CE is almost impossible to enforce.
What This Means for Subcontractors
Subcontractors frequently suffer losses from the actions of other subcontractors or the main contractor's own operatives. Whether this CE flows down depends on how the subcontract is drafted. If the main contractor has accepted scope conditions and then allows other trades to violate them, there may be an entitlement. Document all interference carefully, including dates, areas affected, and the impact on your programme.
Common Risks & Disputes
- 1The Scope not clearly setting out the conditions under which Others must work, making the CE hard to prove
- 2The PM arguing that the interference was minor or did not actually cause loss or delay
- 3Difficulty distinguishing between CE entitlement and ordinary site interface management
- 4Lack of contemporaneous records — without photographic evidence and daily records the CE is very hard to support
- 5The chain of causation being broken — you must show that the Others' failure caused your specific loss
Sources
Related Clauses
Client does not allow access by a date in the Accepted Programme
Access failure caused by Others occupying areas you need
Client does not provide something by a date in the Accepted Programme
Client failing to provide items, overlapping with Others' obligations
A breach of contract by the Client
Client breach where the Others failure can be attributed to the Client
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