I am currently the PM on a commercial project using the NEC3 Short Form. This project comprised the construction of an extension to and minor refurbishment of an existing office building. During the works, a leak in one of the roofs over the existing building caused damage to a couple of computers within one of the offices. This leak was a result of work carried out by the Contractor on another part of the roof.
The Contractor accepts that the leak occurred as a result of his work to the existing roof. However, he is not willing to pay for replacement of the computers as he maintains (after collecting & examining them) that they are obsolete, are at least 8-9 years old and would not have been of any use to the business considering the software/hardware requirements for modern ICT use. The Employer wants the computers replaced with new modern type ones.
I am currently stuck in the middle of this argument. My question is what responsibilities do I, as PM under the NEC Contract, have with regards to this issue?
Am I responsible for resolving it or does this become an issue that the Employer and the Contractor have to resolve themselves?
If neither party can resolve their differences with respect to this matter, is the 1st course of action adjudication under Clause 93?