We have a situation where the main contractor has failed to issue an application for payment under the NEC3 short form. Is there any obligation under this contract for the Client (or delegate) to assess the amount due? Or do we wait until the next assessment date?
Also am I correct in interpreting that the contractors application is the payment notice, and any adjustment would be notified via a pay-less notice?
Thanks in advance.
The ECSC puts the burden of assessing the amount due on the Contractor which is different from the ECC which puts it on the Project Manager who has a duty to make the assessment as an independent certifier. So in the ECSC if the Contractor makes no assessment and does not apply to the Employer for payment the Employer has no obligation to assess things for themselves whereas the Project Manager in the ECC would have to make an assessment.
Thank you for the response Neil.
Understood, so if the Contractor fails to assess the amount due by the assessment date, their next opportunity will be the next assessment date? That was the key point of clarification.
Thank you, and if we disagree with the amount due and ‘correct’ the amount due under cl 50.4, do we do this via a pay-less notice? As the application is the PN?