We are under contract under the NEC3 TSC Option C.
The Client has gradually been increasing the scope of works, without issuing any notifcations of a compensation event or requests for quotations. They are very subtle to changes to a process but due to the volume of work, have a significant commercial impact.
An agreement has finally been reached for works going forward, but the Client has refused to back date the assessment of the Compensation Event to when it occurred.
Are we correct in thinking it should be back dated, as we the Contractor cannot be time barred as it is a Compensation Event the Client should have notified?