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Section 6Compensation Events

Clause 61.5

Missed Early Warning — Effect on CE

Purpose

If the PM decides the Contractor did not give an early warning which an experienced contractor could have given, this is stated in the instruction to submit quotations. The CE is assessed as if the early warning had been given.

Practical Application

Missing an early warning does NOT invalidate the CE itself. However, the assessment will assume the Contractor knew about the risk earlier and should have mitigated it.

Common Pitfalls

This clause is often misunderstood as a CE time bar. It is NOT. The actual time bar is the 8-week notification deadline in 61.3. Missing early warning only affects the assessment amount.

Related Clauses

📖 This summary is for reference. For the full, authoritative NEC4 contract text — including all amendments, guidance notes, and flow charts — visit the official NEC website.

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⚠️ This commentary is for reference only. Always refer to the full NEC4 contract text and seek professional legal or contractual advice for your specific project.