NEC ECC: Contractor refuses to accept Project Managers decision

NEC3 and NEC4 Contracts Compensation Events
1

The Contractor notified an event as a compensation event under Clause 61.3; the Project Manager reviewed the notification and determined that the event did not constitute a compensation event under the contract as per Clause 61.4.

The Contractor refuses to accept this decision and keeps trying to amend or update its arguments in order to convince the Project Manager to change his mind - the Project Manager is standing by his original decision.

Is the Contractor’s only course of action, when it does not agree with a Project Managers assessment, to refer the issue to the Adjudicator in line with the contract dispute resolution process?

2

Ultimately - yes! (although they can carry on talking)

That is exactly what adjudication is intended to be for - for an independent person to make a contractual judgement on who they think is correct.