NEC ECSC: Can a Compensation Event occur after defects date

We have completed a project under ECSC contract and the defects date has now passed but an event has occurred which would ordinarily be a CE under clause 60.1(14).

I appreciate that clause 61.5 states that “A compensation event is not notified after the defects date”, however is there any mechanism which would allow this event to be considered or notified as a CE after the defects date.

As you state clause 61.5 sets out that a CE is not notified after the defects date however if both parties are in agreement to have the work carried out then clause 12.3 can be used to record the agreement.