Assessing Compensation Event from which date

We raised a notification of compensation event (NCE) and the Project Manager does not accept the NCE until 5 weeks later. Although the reminders and time bars were not administered in effort to work collaboratively, which timing takes priority when assessing the change?

The event started to occur on 26/08, the NCE was raised on 16/09 and accepted by the Project Manager on 19/10. When pricing and programming the change, what date determines which accepted programme is used as we have 2 different programmes accepted in this timeline. The date of notification or date of acceptance of NCE.

NEC3 ECC Main Option C

Yahik, it’s a good question, unfortunately one born out of a breach of contract by the PM. Clause 63.1 states that the date which divides actual Defined Cost from forecast is dependant upon who should have notified the CE, if it should have been the PM under clause 61.1 the date will be the date of the communication that gave rise to the CE, otherwise it’s the date the CE was notified. Now unlike clause 63.5 of NEC4, NEC3 clause 63.3 does not pin point a date for the Accepted Programme but as the cost assessment is divided by a set date, then it must stand to reason that the time assessment should be set by the same date; this is exactly how NEC4 operates. I think to do otherwise would produce a perverse result.