Under NEC3 ECC, to ensure a change to the Prices, the Completion Date or Key Date, the Contractor was required to ’ … notify a compensation event within eight weeks of becoming aware of the event … '.
Under NEC4 ECC, however, the Contractor is required to ’ … notify a compensation event within eight weeks of becoming aware THAT THE EVENT HAS HAPPENED … '.
Articles have been written to discuss this change and suggested that some form of judicial clarification is required to establish whether the ‘time bar’ for the awareness test applies to;
- when the event actually happens,
- when the event is known to be a compensation event.
Personally I would suggest the latter as there is no contract provision to notify a compensation event for an event which is NOT actually a compensation event.