ReachBack is a free community helpdesk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.
Here is a selection of the Contract Notice questions that have previously been answered on our community helpdesk:-
Oct '18 - Certain compensation events the Project Manager is obliged to notify, and other events the Contractor is obliged to notify. Under clause 61.3, if the Project Manager does not notify one of their compensation events for which they are obliged to notify then the Contractor can notify instead (and g...
Oct '16 - An EWN is raised in March stating Others are delaying starting their element of works. 6 months pass with periodic programme submissions being accepted and rejected. An NCE is then raised in October (some 7 months after EWN was raised) stating Others are not working within the times stated on the...
Sep '16 - ...ks then it should be notified as a compensation event (i.e. month 2) – providing it fits one of the reasons for being one i.e. valid under 60.1. This notification has to be within 8 weeks of becoming aware, otherwise you lose the right for any time/cost UNLESS it is one of the items that the PM is obliged to ra...
Apr '20 - X2.1 states that the PM “may” notify the CE and instruct quotations, in NEC use of the word “may” means is allowed to. So the PM doesn’t have to notify the CE and certainly has no obligation to check all legislation to see if it’s relevant and provide it to the Contractor. If the PM doesn’t notif...
May '20 - ...mpensation event. Whilst the Project Manager is not required to consider a quotation which does not relate to an accepted compensation event, can the notification be revisited 18 weeks later? Cl.61.3 requires the Contractor to notify a compensation event within eight weeks, otherwise entitlement is lost. Howeve...
Apr '20 - ...se 60.1(19), is the best approach to notify COVID-19 as being the compensation event or to notify individual prevention events separately (e.g. first notification being that all suppliers have shut down due to COVID-19 and this is a compensation event under 60.1(19), second notification being that internal crit...
Aug '19 - ...because according to him, he is entitled to the unresolved CE he notified. The Subcontractor also argues that the Contractor’s nonresponse to his CE notification is deeming the CE accepted. My response: According to 62.6 & 64.4 of the ECS, the Subcontractor did not fulfill the suspensive condition for him (the...
May '19 - The full form (ECC) clause 61.1 requires the contractor to notify a CE at the same time as giving an instruction. The short form (ECSC) does not contain this clause, but it does say the contractor notifies a CE if “the Employer has not notified the event to the Contractor”. Does this imply the em...
21d - ...er to the relevant clause under which you are communicating, failure to do so risks the communication being found to be ineffective. An early warning notification is communicated under clause 16.1 and this should be separate from any other notification so you need another notification communicated under clause...
May '19 - ...m my contractor, which I never responded to since the issue was, I believe, addressed in our morning Construction Meetings. A week later I received a notification that the Early Warning Notification is “deemed accepted”. To my surprise, there never was a notification of a CE re the EWN. Is it legit/contractual...
Feb '16 - Leslie - you are correct that there is no time bar on the Contractor notifying compensation events that the Project Manager was obliged to notify. However, 61.3 emphasizes that the Contractor can notify these in the PM has not, which will then speed up the process of agreeing it is one, quotation...
Apr '20 - ...ve: one early warning for the VOVID-19 virus … or more precisely would have as it is way past the time you became aware of it; separate early warning notifications as new issues emerge. A balance here is needed between notify what matters and is likely to impact versus notifying for absolutely everything which...
Comments
0 comments
Please sign in to leave a comment.