A CASE FOR COMPENSATION

摘要

The NEC3 suite of contracts contain notice provisions which require a contractor/consultant to notify the employer of compensation events within a specified period, failing which the contractor/consultant will lose any contractual entitlement to additional time or money. The NEC3 Professional Services Contract (PSC) provides that the employer must notify a compensation event where he instructs a change to the scope of work (clause 61.1). For other compensation events, the consultant must notify the employer of the event within eight weeks from becoming aware of it, failing which the claim will be time barred (clause 61.3). A recent decision in the Northern Ireland High Court considered these clauses. The case concerned an appointment between the Northern Ireland Housing Executive (NIHE) and Healthy Buildings (Ireland) Ltd (HB). This case is only persuasive in the courts of England and Wales.