NEC ECC: Lack of access - is this a time-bar(able) compensation event?

NEC3 and NEC4 Contracts Compensation Events
1

As a Contractor the access date was delayed by 3 months and I was never formally notified and received no instruction from the PM but I was obviously aware. Am I tied to the 8 week period in 61.3 for notifying CE’s ??? or does this issue fall somewhere else??

Contract access date - August
Actual access date - December (delays due to client)
Completion date - April

Job would have had a higher tender if working through winter was known at the time of submission. Can I now submit a NCE in relation to the delayed access date??

2

The PM is not required to notify a compensation event for delayed access and so yes the Contractor should notify it within the 8 week period. I would notify it now and see what response you get, the PM/Client may be agreeable. I would also check the Works Information to see if the access date has been included in there and if it has then raise a CE for a change in WI which would not fall in to the 8 weeks.

good luck!