A contractor is attempting to seek payment for events previously not notified 3 years after job completion and 2 years after the end of the Service Period. The contract is under the Term Service Contract Option A. I have made reference to clause 61.7 but they state a Termination Certificate should have been issued in accordance with Clause 90. They state with no Termination Certificate, there is a requirement to address a payment applications as a “normal” payment application from the contractor. I would have though a Termination Certificate would be irrelevant iif the Service Period has already ended?
Ross, from what you have said you are absolutely right. Termination is a contractual procedure to bring the contract to any early end. From what you say, this does not apply as the service period has finished. It is hard to express an opinion on waht they are saying in polite language !
In addition, depending on the type of compensation event, they may ALSO be time barred under clause 61.3.