NEC3

NEC3 Engineering and Construction Contract (April 2013): every notice, counted.

NEC3 ECC runs most public-sector infrastructure in South Africa. The eight-week compensation event notice under clause 61.3 is the one that catches contractors, and Z-clauses routinely shorten it. Sakhani reads the Z-clauses in your signed contract and counts the weeks from awareness, exactly as the contract says.

The NEC3 notices Sakhani tracks

Standard conditions, unamended. The compensation event notification (clause 61.3) goes to the Project Manager. Your signed contract may shorten these periods; upload it and the AI applies the amendments.

EventClauseNotify withinCounted fromEntitlementIf missed
Site access denied / late possession
You could not get onto part of the site when the contract or programme said you could.
60.1(2) read with 61.3
Employer does not allow access to and use of a part of the Site by the later of its access date and the date shown on the Accepted Programme
8 weeksbecoming awareChange to the Prices and the Completion Date (time and cost)Not entitled to a change in the Prices or the Completion Date (61.3).
Instruction / variation that adds work
The PM, PA or Engineer instructed something that changes the scope, sequence or quality of the works.
60.1(1) read with 61.1 and 61.3
Project Manager gives an instruction changing the Works Information
8 weeksbecoming awareChange to the Prices and the Completion Date (time and cost)If the PM notified the event at the time of the instruction (61.1) the 8 weeks do not apply; if the PM did not, the contractor loses entitlement after 8 weeks (61.3).
Late drawings / information
Drawings, details or an answer you asked for were not issued by the date promised or shown on the programme.
60.1(3) read with 61.3
Employer does not provide something by the date shown on the Accepted Programme; contractor notifies the compensation event
8 weeksbecoming awareChange to the Prices and the Completion Date (time and cost)Not entitled to a change in the Prices, the Completion Date or a Key Date (61.3), unless the PM should have notified the event and did not.
Non-payment of a certificate
A payment certificate or invoice has passed its due date and has not been paid.
51.2 (interest) and 16.1 (early warning)
Employer pays late; interest on the late payment; early warning of effect on the works
1 weekrecommended, not fixed by the contractthe eventInterest at the Contract Data rate from the due date to the date paidNo time-bar: interest accrues automatically under 51.2. NEC3 core clauses give no right to suspend; check the project's Z-clauses.
Other event giving a claim
Something else the contract makes the employer's risk: unforeseen ground, a delayed approval, a change in law, a prevention event. Claude matches it to the contract's own list.
61.3
Any other compensation event in 60.1: contractor notifies the compensation event within 8 weeks of becoming aware
8 weeksbecoming awareTime and/or money as the ground allowsNot entitled to a change in the Prices, the Completion Date or a Key Date (61.3), unless the PM should have notified the event and did not.
RFI with no reply
A request for information passed its reply period with no answer.
60.1(6) read with 61.3
Project Manager or Supervisor does not reply to a communication within the period required by the contract
8 weeksbecoming awareChange to the Prices and the Completion Date (time and cost)Not entitled to a change in the Prices or the Completion Date (61.3).
Adverse weather
Rain, wind or heat stopped or slowed work. Record the days and, if you can, the rainfall in mm.
60.1(13) read with 61.3
Weather measurement recorded within a calendar month that occurs on average less frequently than once in ten years
8 weeksbecoming awareChange to the Prices and the Completion Date (time and cost)Not entitled to a change in the Prices or the Completion Date (61.3).

Verified against the published conditions by the Sakhani legal panel where marked in the app. This page is a guide, not legal advice; the signed contract governs.

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NEC3 notice periods and time-bars · Sakhani