Scope: Practical commentary on NEC4 ECC. Check the edition, selected options, Contract Data and amendments used on your project.
Use the correct trigger
Clause 61.3 concerns the Contractor becoming aware that the event has happened. It is not simply eight weeks from the date work was delayed, and the clock does not necessarily wait until someone labels the event a compensation event.
Record when the relevant facts became known, who knew them and the supporting communication or site record. Where the awareness date is uncertain, investigate and notify promptly rather than relying on the latest possible interpretation.
Read the exception as well as the restriction
The clause contains an exception where the Project Manager should have notified the event but did not. Check the notification duties in clause 61.1 and the event itself. Do not infer the exception merely because the Project Manager knew that something had happened.
Check any Z clauses and the applicable contract form. An ECC period should not be copied into a subcontract or another NEC form without checking its wording.
Send a distinct contractual notification
Identify the event, explain the relevant facts and contractual basis, and communicate through the required channel. Keep the notification separate from other communications as required by clause 13.7 and retain evidence of delivery.
The notification need not wait for a fully priced quotation. A progress meeting, early warning or diary entry may supply evidence, but it does not automatically satisfy the CE notification requirement.
Track what happens next
The normal initial reply period under clause 61.4 is one week, subject to an agreed extension. If no reply arrives, the Contractor may notify the failure; a further two weeks without a reply is required for the stated deeming consequence. The first missed deadline alone is not deemed acceptance.
Maintain an event register with awareness evidence, notification reference, response deadline and next owner. Review potential events with the site team regularly.
Treat disputed timing as a specific issue
Late notification can prevent changes to the Prices, Completion Date and Key Dates under the clause. Assess the actual contract and facts before concluding that an entitlement has been lost.
Sources and further reading
- NEC: Time-barred compensation events
- NEC: Purposes of notifications
- GMH Planning/CECA: Responses, time bars and deemed acceptances (practical commentary; check the applicable contract and amendments).
Related GMH guidance and discussion
These are practical commentary and discussion. Check the NEC edition and project amendments; older posts may use earlier clause numbering.
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