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Answered: NEC ECC: The problem with time barring under cl 61.3

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A couple of points to note;

An EWN is not a compensation event notification,
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The 'time bar' under clause 61.3 starts when the Contractor becomes aware that the event occurred, irrespective of when they believe that it constitutes a compensation event.

The 'time bar' issue may not be the only response, as the PM can notify under clause 61.4, 1st bullet, that the event arises from a fault of the Contractor, so the Prices, Completion Date and Key Date are not to be changed..

I am also assuming that the Contractor has clearly explained why they believe the matter is a change to the Works Information, within their notification.

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