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Answered: NEC ECC: Raising a CE under an incorrect clause

It is not an absolute obligation to state under which clause you are confirming it is a CE - just a very good idea to. A Contractor should satisfy themselves why it is one, and the best way is to confirm exactly why it is one. If the wrong one was not listed, and the PM rejected it as they could not see why it was one, I think the Contractor would be pretty quick to reissue it saying which reason in 60.1 they believed it fitted.

Equally pretty futile to reject if they think it is under the wrong clause, but they probably agree it is one but for one of the other reasons. In that instance if I was the Project Manager I would accept it is a CE but for completeness state which one it was under. I don't see that the time bar would count here - as they have notified, they just need to re-notify under the right reason. Even if it was rejected and then reissued under the correct clause - all of that should never even come close to testing the time-bar anyway as that should be done well within eight weeks.

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