In assessing the impact of a compensation event upon planned completion, the ECC states the latest programme is to be used. How do we work out what is the date of the latest programmes? Is it the date when the contractor became aware of the vent itself, or the date when the contractor notified the compensation event?

Answer

The answer to your question lies in the last part of clause 63.1. If it was a compensation event that the project manager should have notified (see clause 61.1 for these events) then it is the accepted programme relevant when the project manager should have notified, which is when he or she issued the relevant instruction. For all other compensation events, it is the accepted programme relevant to when the contractor notified the compensation event. You need to bear in mind with the latter that they are subject to an 8 week time bar in clause 61.1.