I have received an early warning from my contractor, which I never responded to since the issue was, I believe, addressed in our morning Construction Meetings. A week later I received a notification that the Early Warning Notification is “deemed accepted”. To my surprise, there never was a notification of a CE re the EWN.
Is it legit/contractual for the contractor to conclude that the risk as stated in the EWN is deemed to have been acknowledged, without even notifying a comp event? Which clauses will entitle him to ledge onto this conclusion?
60.1(6) says if the PM or the Supervisor does not reply to a communication from the Contractor within the period of reply by this contract; then this may result in a CE. However, a CE shall be notified in terms of 61.3, which the Contractor didn’t do. Further more, the Contractor didn’t adhere to 64.4, which requires the Contractor to notify the PM of his non-response, and “propose it to be accepted”. I therefore concluded that there is no entitlement. Am I wrong? Apologies for the long essay.