I don’t fully understand why either parties have not discussed this at the time. I am self-employed and have found multiple issues with both parties not adhering to the Contract ie CE and ambiguities.
I have four queries,
One, with regards to core clause 25.3, the Project Manager decides work does not meet the condition stated for a key date, thus additional cost, the Project Manager has 4 weeks to assess the addtional cost. I assume this is in relation to damages meaning we are unable to apply after 4 weeks?
Two, what if no cost impacts have been incurrred / cannot be demonstrated. I recall that this is not a penal system, but is for recovery for loss of operation etc?
Three, further to our previous correspondence, the Project Manager may decide to change the sectional completion date and overall Completion date by instruction for sequenced work, as we have events that interfere. Whilst this change is notified 5 months after the Sectional Completion date (and original intention to apply sectional damages) the sectional completion date and overall completion date is now far right.
Four, Take over clause 35, has the Employer now taken over the work as the date within Contract data has passed without agreement?
The Project Manager now believes that we are able to apply damages for the initial 5 months, then stop until the new instruction 8 month after (3 month non damages) to later accumulate if the new sectional date is not met.
As no damages have been applied initially, and the key date has been formally changed, is the initial 5 months no longer applicable - relating to point 1, 2, 3 and 4?
Also, I do remember from additional CE after sectional date, delays freeze for days agreed before recommencement, but is this the same for the overall change without applying damages for the initial 5 months?
Your thoughts are very much welcome.