A Clause 60.1(1) Compensation Event is when the Project Manager gives an instruction changing the Works Information, and consequently, it is the PM who is obliged to notify.
Can the Contractor notify CE’s under this Clause and if so, under what circumstances?
I can think of one possibility, and that is when a verbal instruction changing the WI is given by the PM and is not followed up with a Cl 60.1(1) notification??
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Clause 61.3 states that the Contractor notifies the PM of an event as a CE if (2nd bullet point) the PM has not notified the event to the Contractor - I believe that this should cover your first query, i.e. yes, it is the PM who is obliged but the Contractor should notify if the former doesn’t; on the upside, there is no time-bar because the CE arose from an instruction.
Regarding verbal instruction, there is no such provision in the NEC3 contract and all instructions should be in writing (clause 13.1).
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