Where is the ‘switch date’ for forecast defined cost v actual define cost of compensation events in the Term Service Short Contract. The NEC 3 guidance notes for the ECC puts this switch date at the date of the instruction or the date at which the notification of compensation event was raised. The guidance notes for the TSSC is completely silent on this. Do the same rules under the ECC form apply? Or is this vagueness open to interpretation?
Has there been any examples of this in case law/adjudication proceedings?