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NEC3 ECC: Does the Contractor's NCE need to state expressly which compensation event applies?
The Contractor has notified the PM of an event which has happened and which he believes to be a compensation event in accordance with the timescale stated at 61.3. It describes the event and states clearly but the notification does not actually state which limb of 60.1 applies. Does this affect the validity of the notification in any way?
Sep 24, 2015
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No - and I would hope that the PM here is not trying to say the Contractor is time-barred on a technicality.
Practically speaking the Contractor SHOULD state what the event is and why they think it is a CE, i.e. under which of the 19 reasons make it a compensation event. This would avoid the issue that has been caused here. If the PM can not see why it is a compensation event then they should reply saying he does not agree it is a CE. This will prompt the Contractor to come back with extra substantiation as to why it is one, and next time make them do it within the original notification.
This is where pro-forma or the use of one of the online administration tools would help. If the notification form includes a tick box of the 19 reasons it forces the author of the notification to pick a reason before they send the notification.
Sep 25, 2015
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