We have raised a notification of a compensation event. The Project Manager did not respond in the timeframe. I then reminded the PM that he hasn’t responded. The PM still did not respond to this reminder within the time-frame specified.
My assumption is that the CE is treated as accepted and therefore I will provide a quotation.
My question is : Do I need to reply to the PM and inform him that the CE is accepted, or do I just stay silent and submit a quotation in due course and have the discussion then?
The reason for staying silent is that the contract (NEC3) doesn’t specifically say I have to notifying him that it’s a CE and there maybe another CE with the same scenario (PM not responding to the notification) so I don’t want to alert this to the PM. The relationship is non-existent so nothing to gain by being upfront and proactive until required. Strictly administering the contract as it is.
Actually the contract does say. If you have submitted that formal reminder that they have not responded (in writing and separate from any other form of communication) then the last line of 61.4 states that after no response “it is treated as acceptance by the Project Manager that the event is a compensation event and an instruction to submit a quote”.
There is no requirement to reply to inform the PM that the principle that it is a CE is accepted, you can go ahead and produce and submit your quote. If they don’t respond to the quote within the timescale again you can remind them and if they don’t respond again within two weeks then this time the quote is deemed accepted in terms of cost and time.
Very sad to hear that relationships have descended to this level that you don’t want to remind him so that he does not notice other ones. The whole idea of following the rules of the contract is for transparency and that you both know exactly where you stand.