WE have a situation in an Option A contract where we have as Contractor submitted various routine documentation for acceptance, As-built drawings, for example. Now two years later, after Completion but before the Defects Date, we have received comments back from the PM which need to be updated into the documentation. We immediately notifed a compensation event according to 60.1(6).
The PM has rejected the CE notification, arguing that we should have issued an early warning that a reply, i.e an acceptance was outstanding and we did not. Anyway, he continues, the information offered was, to quote the first bullet point of 61.4, arises from a fault of the Contractor.
We consider this argumentation to be contrived but is the PM correct that we should have issued at least a reminder, even though we were not too interested at the time whether he was going to accept the documentation or not?
The PM has rejected the CE notification, arguing that we should have issued an early warning that a reply, i.e an acceptance was outstanding and we did not. Anyway, he continues, the information offered was, to quote the first bullet point of 61.4, arises from a fault of the Contractor.
We consider this argumentation to be contrived but is the PM correct that we should have issued at least a reminder, even though we were not too interested at the time whether he was going to accept the documentation or not?