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Answered: NEC ECC: Can there be "time bars" in the Works Information

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I would disagree with Glenn here. I think Glenn may well be right that this is their intention and if there is amore obvious ambiguity or inconsistency that you miss in the first 30 days, then that could well lead to a 'discussion' about how thoroughly the check was done and whether, as a result you should have given an early warning.

However, this requirement is in the Works Information, not the conditions of contract as an option Z clause and from what you say, there is no amendment option Z clauses. So I don't think the time bar in 63.8 would apply as that applies from the Contractor actually becomes aware.

What might well apply is the lack of an early warning reduces the assessment of a compensation event if notified as such by the PM when instructing the quotation. But note:
- it does not necessarily reduce it to zero because the Contractor did not pick it up, just the effects of picking it up late than in the first 30 days and
- I think it is going too far to say an experienced contractor would/should pick up every ambiguity or inconsistency, however small.

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