We are a contractor working on a mining project using the NEC3 Engineering and Construction Contract (ECC). One of our notifications for compensation events was recently not accepted by the project manager because the event, although it occurred, was not recorded in the site diary. Is the project manager entitled to do so?
In the ECC, the reasons as to why a project manager can refuse to instruct you to provide a quotation for a compensation event are set out in clause 61.4.
In addition, clause 61.3 says a compensation event must be notified by you within eight weeks of the date you became aware of the event, otherwise you will lose your entitlement, subject to the exception stated within that clause.
None of the reasons in the contract refer to site diaries.