This Contractor is referring to a matter he alleges was not carried into the contract but clarified during the pre award stage. However, he has provided the disputed service for more than a year. I don’t sense a genuine mistake was made at contract formulation stage, and a rather terse Z Clause handles time barring.
The contract is not silent on these services. The Contractor has provided the service, which is mentioned as forming part of the time related preliminaries and general.
We deem payment to have been made. Can I add, the Contractor wants the adjudicator to rule on validity of the contract 20 months into the works programme, as he feels aggrieved that a item discussed at tender stage was not carried into the signed contract.
Contractor has attached the adjudicators ruling request to the original dispute notice which we time barred. Surely they missed the opportunity to attach the ruling to a new notice and secure a dispute.