Under clause X2 ‘Change in Law’, does the 8 week time limit apply to a contractor raising a Compensation Event? The text and guidance around the respective roles and actions of the Project Manager / Contractor is not clear.
I would like to know if the PM can enforce / reject a CE for a change in law, when the law (event) happened 14 weeks previous, or is this one that the Contractor is not time barred for (i.e. within 8 weeks of becoming aware).
X2.1 states that Project Manager may notify the compensation event and request a quote, but makes no mention of the Contractor. Clause 61.3 says that the Contractor notifies a compensation event if they believe it is one and the PM has not. It goes on to say they can not claim any time or cost if they have not notified within 8 weeks unless the “event arises from the Project Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier decision or correcting an assumption”.
Given that none of the exceptions seem to be valid it would appear that Contractor would therefore be time barred if they have not notified that a compensation event within 8 weeks? If that is indeed the case, the next question would be does the 8 week time-bar commence from when the law was passed, or from when they became aware that the Law would actually have an affect (which could very conceivably be different times)??