Plain English Explanation
This CE applies where the PM has previously accepted a Contractor communication — such as a design submission, a programme, or a method statement — and subsequently notifies the Contractor that they are changing that acceptance. The clause addresses situations where the PM withdraws or conditions a previous acceptance.
This is closely related to 60.1(7) but specifically targets the PM's acceptance of Contractor submissions, rather than general decisions. If you submitted a design, it was accepted, and work proceeded in accordance with that design, a PM decision to withdraw that acceptance is a CE.
Practice note: acceptances under NEC do not take away the PM's right to later find a Defect, but withdrawing an acceptance once work has progressed substantially is a serious commercial event.
Key Takeaway
Once a design or method statement is accepted, keep a dated copy — if that acceptance is later withdrawn after you have proceeded, your CE entitlement depends entirely on proving the original acceptance existed.
What This Means for Subcontractors
For subcontractors who submit designs, shop drawings, or method statements for approval, this CE protects you if approval is withdrawn after work has started. Keep a log of all submissions and their accepted status. If acceptance is withdrawn, immediately assess the cost of rework and programme impact, and notify a CE.
Common Risks & Disputes
- 1Not having written confirmation of the original acceptance — email chains can be ambiguous
- 2The PM arguing the acceptance was conditional on compliance with the Scope (which may be a valid argument depending on the circumstances)
- 3Difficulty quantifying the cost of rework where acceptance is withdrawn mid-construction
- 4The distinction between acceptance withdrawal and a new instruction under 60.1(1) becoming blurred
- 5Delay in notifying the CE while you seek clarification on whether the acceptance is truly withdrawn
Sources
Related Clauses
PM gives instruction changing a decision previously communicated
Changed PM decision — closely parallel to withdrawal of acceptance
PM or Supervisor does not reply within the period required
PM failing to reply, which may create uncertainty about acceptance status
Client instruction to change the Scope
Scope change that may underlie the PM's desire to withdraw acceptance
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