The Contractor has notified a CE in May’17 and the PM has accepted the CE on the basis that it represented a change to the Works Information (not arising from the Project Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier decision or correcting an assumption). The Contractor has now submitted their quotation some 4 months later (requests for extension in submitting the quotation was accepted by the PM based on the complexity of the CE and the likely delay to the programme had the PM insisted that a quotation be provided within the standard 3 week period) and have based their assessment on information known to the Contractor back in Dec’16. As the PM has only now become aware that this CE should have been notified earlier than May’17 (within 8 weeks of the Dec’16 date) can he apply the time bar provisions in the contract to assess the impact on the Prices, the Completion Date or a Key Date? In other words can the time bar principles / clauses be applied to accepted CE’s?
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