Claims Under NEC 4

New Engineering Contract, 4th Edition, NEC4 appears to be quite specific insofar as neither the Client nor the contractor are entitled to any common-law claims because the compensation event procedure provides an exclusive remedy. The majority of compensation events in the NEC4 contract are set out in ‘Core Clause’ 60.1, and additional compensation events are added under the applicable ‘Main Option Clauses’. The Project Manager's assessment should be the exception, because the contractor ought to have provided an acceptable quotation using the principles setout in clause 63. NEC4 stipulates that only the difference between the ‘weather measurement’ and the weather recorded at the location identified in Contract Data Part One is taken into account. NEC4 uses the term ‘Client liabilities’ which precisely refers to the matters in clause 80.1. If such a liability arises, it becomes a compensation event.