I have recently picked up a historic ‘claim’ submitted by a Contractor, key facts summarised below;
- Completion Certificate is dated 30/06/2015 (was issued in Nov 2016, not sure why over a year later). Contractor chased cert in Feb 2016 and was issued in June 2016, both parties agreeing to the date on the cert. Included was the supervisors notification of a defect, listing approx 10 defects.
- Defects date (in CD Pt1) is 52 weeks after completion. Making the defects date 30/06/16.
- Some defects are corrected Oct-Nov 2016. Outstanding defects are deferred until 2017 as conditions (temperature and rainfall) to correct are not preferential during the worst winter months (Dec-Feb).
- In July & Aug 2017, conversations take place between the PM and Contractor regards completing the outstanding defects. Contractor states there was no mobilisation to site to correct defects due to weather.
- Aug to Dec 2018, outstanding defects are corrected. During this period there is a delay of 10 weeks due to an event that is an Employers risk as stated in the contract (Cl 60.1(14)).
Assuming the above summarised account provided by the Contractor is accurate, I see two options as a starting point;
Advise the Contractor that a Compensation Event cannot be notified after the defects date (Cl 61.7). Bearing in mind a ‘back dated’ Completion Cert was issued after the defects date.
Request the Contractor provides a copy of the communication where they notified a Compensation Event to the PM, within 8 weeks of becoming aware of the event (Cl 61.3).
Which of the above would be most appropriate? Any other options, or anything I’m missing or should consider?