We as the Contractor raised a Notification of a Compensation Event due to unforeseen ground conditions. The Employer rejected this notification stating there was insufficient information provided to justify a Compensation Event.
After dissecting the Site / Works Information we were able to provide more information which we included within a new Notification of Compensation Event, which the Employer accepted.
This event had both a cost and time impact (Sectional Completion)
The Employer has now Project Manager Assessed the quotation for this event stating that we had not provided an Early Warning, specifically highlighting that we had not informed them there would be an impact to a section completion date, they have therefore assessed this less than we claimed.
Is the Employer right to do this ?