If the Project Manager fails to respond to a communication, under clause 60.1 (6) we can notify a compensation event, is there any further recourse that can be taken should the Project Manager continue to fail to provide a response within the required time frame under the Contract ?
Under NEC3 contracts the Contractor’s remedy for breach of contract is the compensation event mechanism. Therefore as you have rightly identified you would raise a compensation event under 60.1(6).
There are other actions you can take to increase the pressure on the Project Manager to respond.
- Issue an early warning and instruct a risk reduction meeting under 16.2, or
- Issue a revised programme under 32.2 showing the impact on the programme of the failure to respond (this assumes you haven’t been instructed to submit a quotation for the breach). This programme will, of course, show an impact on planned Completion…
The NEC3 brought in the deemed acceptance process for compensation events to deal with the ‘indolent’ Project Manager so when issuing your notices make sure you familiarise yourself with those provisions in 61.4, 62.6 and 64.4 and stick rigidly to them.