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NEC ECC: Clauses 17.1 and 61.3

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NEC Option A - ECC

A project is being delivered and is being undertaken in two halves, with the first half being ahead of the second half.  The first half is completed and then during the second half  the Contractor requests that the PM notifies an ambiguity under Cl 17.1 for an identical piece of work using the same Works Information.

The Contactor has raised the ambiguity under Cl17.1 and then the PM would issue a PMI which becomes a CE, however, is there a time limit on the Contractor raising this event as per CL 61.3 as the contractor would have become aware of the event during the first half so should have notified at that time as a compensation event, or is there no time bar as it is raised under Cl17.1?
asked Feb 27 in NEC3 Compensation Events by colinmoors (430 points)  

1 Answer

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There is no time bar on when a Contractor becomes aware of an ambiguity. If this is an ambiguity between Employer's Works Information then the Project Manager needs to give an instruction to resolve the ambiguity which will be a change to the Works Information. They should also state that the change to the Works Information is a compensation event and request a quotation.

The only ones the Contractor is time barred on is the ones they are obliged to notify. Assuming that they notified the ambiguity when they did notice (as opposed to when you think they should have noticed) then there is no time bar issue here.

Does beg the question though - what did they build with regards to the ambiguity in the first half - and hopefully what ever they did is what the Employer wanted?
answered Feb 27 by Glenn Hide (62,480 points)