Contractor was delayed by Employer in 2015 – EWN were raised (in 2015) however no CE’s were ever issued… roll on to 2018 and Contractor has issued CE for delayed works in 2015 to increase target (Option C). Question is… is this now time barred or not?
Believe the CE should have been raised by the Employer at the time as would have been a genuine delay at fault by the Employer? It wasn’t… so would this have then been the Contractors responsibility to raise the CE? Issue is the CE has been raised 3 years later – believe the time bar clause is there to stop CE’s being raised years down the line.
Time barred or not?