The NEC4 eight week time bar, and how to calculate it

Under unamended NEC4 ECC clause 61.3, the Contractor generally has eight weeks from awareness of an event to notify it. The exception for events the Project Manager should notify under clause 61.1 must be considered before calculating a deadline.

For an indicative calendar-date calculation, eight weeks is 56 calendar days, including weekends. Record the evidence for the awareness date and check the contract’s communication requirements, amendments and any applicable date-calculation rules. Do not assume a weekend moves the deadline to Monday. Notify promptly rather than using the last day as a target.

• Clause 61.3 sets the eight week limit from the date the contractor became aware of the event
• The relevant awareness is of the event itself, not of its later classification as a compensation event
• If the Project Manager should have notified and didn't, the time bar doesn't apply, but you have to be able to show that

Check the notification rules

Read NEC’s explanation of time-barred compensation events alongside GMH’s webinar on notifying compensation events and instructing quotations. Check the applicable contract before relying on a calculated date.

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