NEC3 ECC Option D - forgotten impact from closed CE to new CE?

Hello. A previous CE-10 is already closed with no time impact (revised drawing of CE-10 compared to CE-01).

Now, the Contractor is submitting a new CE (say CE-50) due to another set of drawings (revised drawings between CE-50 vs CE-10) and now want to include the impact of a forgotten impact of CE-10 (part of changes brough by CE-10 drawings). This forgotten issue is already shown in CE-10 drawings but forgot to assess by both PM and Contractor in CE-10.

Can the Contractor include this forgotten issue in CE-10 to the new CE-50 since CE-10 is already closed without considering the newly found forgotten impact? Any related clauses? Thanks.

Hi

Clause 63.3 states “A delay to the Completion Date is assessed as the length of time that, due to the compensation event, planned Completion is later than planned Completion
as shown on the Accepted Programme.“ this would stop the effects that have been forgotten being added to a subsequent CE.

Clause 65.2 “The assessment of a compensation event is not revised if a forecast upon which it is based is shown by later recorded information to have been wrong.” Again reinforcing the fact that CEs are permanently agreed .

On a more collaborative and practical note if both sides wish to correct something that is obviously an error, whilst the contract is silent on this, they could mutually agree to correct that is, but it cannot be done just because one side wants it corrected. Errors like this can be quite emotive and a major distraction to focussing on project delivery, so might be worth considering correcting it!