An event occurs on site which will result in a delay to planned completion, however the Contractor initially fails to recognise this as a compensation event.
Whilst continuing with this work, the Contractor prepares his next monthly update to the programme which shows the delay to planned completion as a result of the event. This programme is submitted for acceptance and subsequently becomes the Accepted Programme.
Following this, the Contractor realises that the original event was a compensation event under the Contract and, within the allowed 8 week period, submits his notification of compensation event which is accepted by the Project Manager.
When assessing the compensation event, Clause 63.3 requires delay to planned completion to be assessed based on the Accepted Programme. However, in the scenario outlined above, the Accepted Programme at the time of assessment already includes the time impact of the event.
In this situation, it would seem appropriate to base the assessment of delay on the Accepted Programme at the time the event occurred rather than the latest Accepted Programme, however the Contract does not appear to allow this.
Clause 63.1 makes reference to the date when the PM should have instructed a quotation, however this only relates to Defined Cost and not delay.
Grateful for any advice / guidance on this.