We have submitted a revised programme on a project that has not yet started. A delayed end date has been shown due to delays in design queries/RFI’s being answered by the client.
This has been rejected verbally because we haven’t shown each of the 50 separate RFI’s on the programme with a cut off date of when they can be answered without it impacting on the programme.
Is this valid?
The client included a z clause which gives them 10 days to respond to a design submission but they do not consider a RFI schedule to form part of this so it has taken 4 weeks for us to get any answers.( Which we need to complete the design and to order materials)
Also as they have not formally accepted or rejected the programme do we have to remind them before it is deemed accepted?
On the main part of the question, there is no such thing as an RFI in an NEC; so any obligation that exists is either in Scope or is an agreement between the parties. Its therefore difficult to say whether that’s a valid issue or not, but either way its not helping the project. I’d suggest a Risk Reduction meeting (i.e. issue an EW and instruct a meeting) and you can then discuss it in the context of the design submissions timescale.
Mostly yes, as per 31.3. The reason for mostly is that you don’t remind them, you notify the Project Manager of their failure. Assuming they still don’t respond, I would follow that up with a further notification saying that the programme is treated as accepted. The Contract doesn’t require that, but I think its a good practice.
Just to build on the response from Andy it may be worthwhile you reviewing why there are so many RFIs and whether the responses to them are changes to the Client’s Scope and therefore CEs