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

**URL:** <https://reachback.builtintelligence.com/t/nec-ecc-lack-of-access-is-this-a-time-bar-able-compensation-event/5770>\
**Category:** Compensation Events\
**Created:** [14 April 2020 16:59 UTC](https://reachback.builtintelligence.com/t/nec-ecc-lack-of-access-is-this-a-time-bar-able-compensation-event/5770 "2020-04-14T16:59:47Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![ThomasP](https://avatars.discourse-cdn.com/v4/letter/t/ba9def/32.png) [@ThomasP](https://reachback.builtintelligence.com/u/ThomasP)\
**Post date:** [14 April 2020 16:59 UTC](https://reachback.builtintelligence.com/t/nec-ecc-lack-of-access-is-this-a-time-bar-able-compensation-event/5770/1 "2020-04-14T16:59:47Z")

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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??

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**Author:** ![dave\_bates](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/dave_bates/32/55_2.png) [@dave\_bates](https://reachback.builtintelligence.com/u/dave_bates)\
**Post date:** [15 April 2020 10:31 UTC](https://reachback.builtintelligence.com/t/nec-ecc-lack-of-access-is-this-a-time-bar-able-compensation-event/5770/2 "2020-04-15T10:31:07Z")

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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!
