You are absolutely right in trying to resist this amendment from your Contractor. To take away the mechanism for you to be able to do something if they do not follow the CE process is very poor. The fact they signed up to that rubbish (sorry - I mean that amendment) does not make it right that they just pass it straight down the line to you the Subcontractor.
No Contractor, or Client for that matter should need to take away the deemed acceptance elements. They have to be reminded they have not responded and then get a further two weeks(ECC) or three weeks(ECS) to still not do what they should before it ever becomes deemed accepted. That is plenty long enough and not something they should be afraid of.
My advise is to challenge that at tender stage - and if they are adamant they have to stay in or you will not be considered then you have a decision to make. Price the risk or stand by your principles and walk away or just sign up anyway and hope it never becomes a problem. Just a real shame you are put in that position in the first place.
No Contractor, or Client for that matter should need to take away the deemed acceptance elements. They have to be reminded they have not responded and then get a further two weeks(ECC) or three weeks(ECS) to still not do what they should before it ever becomes deemed accepted. That is plenty long enough and not something they should be afraid of.
My advise is to challenge that at tender stage - and if they are adamant they have to stay in or you will not be considered then you have a decision to make. Price the risk or stand by your principles and walk away or just sign up anyway and hope it never becomes a problem. Just a real shame you are put in that position in the first place.