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NEC ECS: Contractors failure to respond to a CE
Following the Main Contractors PM accepting our programme in September 2018, we issued an Early Warning Notice stating that the revised accepted programme would change the prices due to our prolonged involvement, we followed this up with a Compensation Event showing the cost due to the delay. We did not feel that the delay was associated with any of the Compensation Events issued but was due to the predecessor activities not being completed by the Main Contractor. We did not receive any communication from the contractor on this matter until April 2019.
We did not issue him a reminder relating to any of our CE’s and therefore I understand that we can not time bar him on acceptance of the quotation, can you advise if he is time barred on the principle of the CE as he failed to respond? In which case the CE would need to be valued.
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