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NEC ECC: PM's refusal to accept CE that is clearly one of the CE's in this contract

+1 vote
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In the Sub Contract T's and C's we have been tasked with installing our works using "Industry Best Practice". In order for us to do that the Client/Contractor needs to supply us with water and dust proof Storage facility this has not happened, the facility we have is basically a concrete box open to the elements and our product which will have to be stored in the box will be exposed to contamination water and dust ingress which could eventually cause a defect in our product  I have raised a CE advising the contractor that he has not supplied something he should have supplied and consequently I have offered them 3 options in order to mitigate his current default which is causing us to default the options are
1.  provide the facilities you need to provide
2.  we will source suitable facilities
3, We will not deliver any more product to site
The PM has rejected the EWN What advice would you say we need to follow to move things on and work in a collaborative manner to progress the works
asked Jun 23 in NEC3 and NEC4 Contracts by Tighthead3 (190 points)  
   

1 Answer

+1 vote
Let's step back.

1. You say the  "Client/Contractor needs to supply us with water and dust proof Storage facility". Can you confirm this is stated in the subcontract Works Information along with dates etc. when it would be supplied to you ?

2. You say you "have raised a CE advising the contractor that he has not supplied something he should have supplied" yet "The PM has rejected the EWN". You have 'advised' the Contractor (not notified), yet it the ?Employer's? PM who has not accepted it. And there is no facility in the ECC for the PM to "reject" EWs. Can you clarify ? E.g. is the Employer's PM saying why the hell has a subcontractor 'advised' me of an early warning rather than the Contractor ?

Please clarify and then we can look at a way forward.
answered Jun 23 by Jon Broome (25,100 points)