Hi
We have recently been told by the PM that he is rejecting a previously accepted CE we issued on the basis that he considers it was notified on time, a fact which he hadnt spotted at the time.
We are a small company and we had to pay out a considerable sum to our trades men to do the additional works and feel this is very unfair.
Can someone let me know if he is able to do this and advise on what could we do to challenge his decision?
Hello simsai1,
Firstly, what are the ‘additional works’ you describe. Are these works which the project manager had asked you to carry out? If so, I would explore whether there is any ‘time-barr’ associated to your Compensation Event as the ‘Project Manager should have notified the event to the Contractor but did not’
On the situation itself am assuming you meant to write ‘it was notified [not] on time’ i.e. outside the 8 weeks. If so, there isn’t a route to reject a previously agreed CE, I would guess the Project Manager’s next steps would be assessing any quotation you submit as nill and implementing a project manager assessment.
I believe you could be stepping into the realms of adjudication as there isn’t a reason in the contract to assess a quotation on the basis the CE was accepted by mistake. I suspect 10.1 would be applicable here.
Hopefully other members of the forum can advise on those steps, but i would explore my first point in more detial.