We are working with a subcontractor on an NEC3 Option A subcontract, they have possible entitlement to Compensation Events but they wont submit any notifications or substantiation. They make constant reference to an entitlement but refuse to submit any documents or notifications. What should we do?
this will depend upon the cause of the potential compensation event. if they are circumstances for which you raise the notification then you should do so. If they are circumstances for which the subcontractor is required to raise the notification then their delay could result in them being time barred
Thanks. The subcontractor is required to raise the issues as the events do not require us to notify under the subcontract. We have on numerous occasions asked them to submit their notifications so we can assess however they refuse to do so and instead just maintain their statement that they are due compensation events. It is highly likely that due to their lack of notices any submitted items will be time barred but we cannot start the process until we have some form of notification.
strange that they have not notified! you will have to wait until they do to advise them they are out of time