Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,053 questions

5,390 answers

1,132 comments

Register its Free

Download here

NEC ECC: Notifying compensation events

0 votes
188 views
Under Clause 61.3, (for CE's that a time bar applies to) the Contractor is not entitled to compensation for an event that he did not notify within 8 weeks of "becoming aware" of the event.

Could it be argued by the Contractor that he didn't become aware of the event until much later and that he did indeed notify within 8 weeks of becoming aware or is it simply a case of when the Contractor SHOULD reasonably have become aware?
asked Sep 3, 2018 in Compensation Events by philjbrady (770 points)  

1 Answer

+1 vote
 
Best answer
I would agree that it would be when the Contractor should have become aware. The only issue to consider is who is the Contractor, that is the person within the organisation who needs to be aware of the occurence of the event.

Note that the 8 weeks commences when the event occurs, not when the event is a compensation event, which could be different.  This might create a difficult timeline to consider for CE's relating to physical conditions and weather but there is no penalty for notifying so err on the side of caution.
answered Sep 4, 2018 by Andrew W-I (18,790 points)  
selected Feb 6 by philjbrady