The Contractor notified a compensation event under Cl.61.3, which was not accepted by the Project Manager as it was decided to have no effect upon Defined Cost or completion. The Project Managers decision was notified under Cl.61.4 and 18 weeks has now lapsed with no further communications on the matter.
The Contractor has now confirmed that they intend to submit a quotation for the event as they deem it to be a compensation event. Whilst the Project Manager is not required to consider a quotation which does not relate to an accepted compensation event, can the notification be revisited 18 weeks later?
Cl.61.3 requires the Contractor to notify a compensation event within eight weeks, otherwise entitlement is lost. However, the Contractor complied with this requirement within their initial notification. Therefore at what period of reply is revisiting rejected notifications still permitted within the contract?
If revisiting is permitted, how should the compensation event be assessed in terms of actual cost or forecast cost? At the time of initial notification, forecast cost was applicable but now that significant time has lapsed, would actual cost be applicable?