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NEC ECC: Information for H&S file (as builts etc)...
If after Completion the Contractor has become somewhat unresponsive in providing information (requirements included in WI) to help with the H&S file, what options does the PM have to recover this information?
There is a argument about not fulfilling CDM duties, but is there a contractual provision to refer the matter to Adjudication or possibly use clause 25.2. Problem with latter is it still doesn’t mean the required information will be provided.
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One of the issues with any contract is where a party is obliged to do something, they don't do it and there is no corresponding remedy stated to address this breach. It sounds like you are thinking in advance about a 'what if' scenario, rather than what has actually happened. If the WI states what is to be provided but without any timescales then the CDM Regulations 2015 don't help either as they just state at section 12 (10) that the file must be passed to the client at the end of the project.
May I suggest that you set up regular meetings whereby you track all the information to be provided for Completion (and beyond) producing a schedule of documentation, with the current status, who is to action this and when it is to be submitted. That way it may focus attention a little better and improve productivity.
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