NEC ECC: Can Project Manager ONLY notify compensation events which they are obliged to notify?

Certain compensation events the Project Manager is obliged to notify, and other events the Contractor is obliged to notify. Under clause 61.3, if the Project Manager does not notify one of their compensation events for which they are obliged to notify then the Contractor can notify instead (and get the ball rolling).

However, is there a clause/situation that the PM can EVER notify a compensation event for a reason that the Contractor is obliged to notify?


This is an interesting question where I ad to check the contract - in this case NEC3, but I don’t believe the situation is different under NEC4.

Neither off the top of my head or looking through the relevant clauses, could I find any clause which expressly allows let alone obliges the Project Manager to notify one of the compensation events for which the Contractor is obliged to notify.

Just to add to what Jon has said, under NEC4 it seems that clause 61.1 defines what CEs the PM is obliged to notify and 61.3 implies that all others are notified by the Contractor.

Some people might say that clause 10.2 applies here, in relation to acting in a spirit of mutual trust and cooperation, but whether it does or not, the PM always has an obligation to notify an early warning where any of the stated bullets applies, although there are no specified timescales associated with this.

I suppose the simple answer is to administer the contract diligently to protect your own commercial interests.