Clause 25.3 – Contractor misses a Key Date, and yet the Project Manager does not assess the cost incurred by the Employer within 4 weeks of the Key Date being achieved. What happens then – have they time barred themselves? I feel not as elsewhere if there is an intended time bar or deemed acceptance it is made very clear, but then if there is no consequence of them missing the four weeks what is the point of it other than an intent?
Clause 25.3 last sentence states “The Employer’s right to recover additional cost is his only right in these circumstances”. I would argue that the ‘circumstances’ include the those stated in the previous sentence i.e. the PM making an asseement within 4 weeks of achieving the Key Date.
I agree this is not as explicitly stated as the time bars on notifying compensation events etc. , but from what you have said, the PM is out of time to deduct monies fro the Contractor.
I agree that is what it should be Jon but do not think that it is what it currently says. Bearing in mind any other time-bars are so explicit within the contract I don’t think that this is one and feel it is a very weak statement within the contract.