NEC3 Option A (2005) - Time Barring

I’m aware that EWN’s do not constitute a notification under the NEC3 Contract and can therefore be time barred on an event if a CEN is not issued in the correct time frames (eight weeks). My question would be, if you raised an EWN within the eight week time frame, then raised a CEN outside of the eight week time frame, but within the CEN you referenced the aforementioned EWN, do this constitute a notification or does the time barring still take precedent.

Or is it simply, if the CEN is not notified within the eight weeks then you are time barred and there is no other work around?

As per clause 61.3, the measure here is the notification of the compensation event. No other notification or communication is relevant. There is no work around, and that applies most obviously to early warnings, but also to anything that isn’t a notification of the compensation event. So, for example, you couldn’t rely on having said in the last Progress Meeting that you intended to raise it.

I would note, though, that 61.3 does not say there is no compensation event. It says that there is no change to the Prices, the Completion Date or a Key Date. I understand that as meaning there is still a CE, but it is automatically for zero time and zero cost.

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