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?
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A quick clarification, it is the Project Manager not the Employer who notifies a compensation event.
Whether it is the Project Manager or Contractor who should have notified the matter depends on what compensation event the matter relates to. If the PM then the time bar issue is not relevant. If the Contractor then the time bar issue under 61.3 applies so the 8 weeks commences at the point in time when the Contractor is aware that the event occurred.
The CE procedure is a ‘contemporary’ one which intends for matters to be dealt with at the time rather than a long time afterwards.
I add to Andrew’s answer : to see if it is the Project Manager who should have raised it at the time of the event - and if so, it is not time-barred - read clause 61.1.