NEC ECC: Is a change to the Working Area a compensation Event

NEC3 and NEC4 Contracts Compensation Events
1

The PM has instructed that one of the Working Areas is changed due to an instruction from a government body. Are we entitled to a compensation event for the costs involved of changing this location?

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2

This could be a compensation event under at least two headings :

  • 60.1 (1) where the reduced WAs are a new ‘contraint’ so a change to the Works Information; &/or
  • 60.1 (2) where you are not allowed access to the Site, where the Site is sub-set of the Working Areas and it is the Site that is being altered.

I could also, depending on the circumstances, be a compensation event under 60.1 (3), (4) or (5).