If the Project Manager does not assess a compensation event within the time allowed under clause 64.4. In this case a quotation wasn’t submitted by the Contractor in the first place due to being time barred. Can you advise the remedy?
In this instance both Parties are as bad as each other!!!
In short there is no real remedy, other than to physically bang some heads together although hear at BuiltIntelligence we should add that we never condone violence!
It is not a good idea for the Contractor not to have submitted a quote as this opens the opportunity for the PM to always assess themselves (64.1). Equally not good for the PM not going on to assess. I should point out that the Contractor is NOT time-barred in terms of submitting a quote. The only time-bar is to do with the notification itself which has to be done within 8 weeks (for one’s they are obliged to notify). Therefore no harm in you submitting a quote, and it would in fact help the Project Manager anyway make their own assessment.
Had you issued a quote and the PM does not respond then you would have been able to remind and then it would become “deemed accepted” if they still do not respond within a further two weeks.
I suggest you call a meeting and discuss the practical way forward in this instance as it is in neither Parties interest in not knowing the associated liability for this event in terms of cost and/or time.