What type of response is warranted by the Contractor when he notifies the Project Manager in terms of clause 62.6 or 64.4

I actually have three questions to help better understand a 62.6 and 64.4
Question 1
What is the difference between a 62.6 and 64.4. As I understand it a 62.6 makes reference to how the event will be handled? Is the quotation submitted for the event acceptable or must the Contractor submit a revised quotation, in others word the basis on which to proceed with executing/rectifying of the event. And a 64.4 is for an event that happened and the Contractor has submitted his claim for that event and refers to the actual assessment of the event based on the information supplied by the Contractor.
Question 2
When the Contractor notifies the Project Manager in terms of clause 62.6 or 64.4 what type of response is required to prevent acceptance after 2 weeks? Is it sufficient to state that the Project Manager will be making his own assessment and stating his reasons for doing so and then notifying the Contractor in due course as to the value and/or delay of the quotation/event even if it surpasses the 2 week time allowance? Or is it required to issue a full assessment of the quotation/event to the Contractor by either accepting his quotation/event or notifying in terms of 64.1 along with giving a value and/or delay for the event before the 2 weeks, from receipt of notice, has elapsed?
This is assuming that the Project Manager does not want to instruct the Contractor to submit a revised quotation.
Question 3
If additional information is required what would be the best route? Replying to the 62.6/64.4 in terms of 13.4 or 62.4. If the Project Manager replies in terms of 13.4 is the time allowance extended or does the 2 weeks still apply from date of receipt of 62.6/64.4 notice?

2 Likes

Q1 - For clause 62.6 the Project Manager should have responded to the Contractors quotation within two weeks as to whether or not they agree with the quote. If they have failed to do so, then upon notification by the Contractor under 62.6 they have a further two weeks to respond before the quote will otherwise be deemed accepted. There response should either be that they accept the quote, or that they do not accept the quote. If they do not accept the quote they need to say why, and then state if they want the Contractor to re-quote or make the assessment that they will assess it themselves. If it is the latter, then they have a further three weeks (or whatever time the Contractor had to produce the quotation) to make their decision in terms of the quantum.

If they fail to respond to make their own assessment and the Contractor notifies that under clause 64.4 that they have failed to do so, the Project Manager does need to make the full assessment within two weeks in full (they can not issue a holding response saying they need longer) otherwise the original Contractors quotation will be “treated as having been accepted” (i.e. deemed accepted).

Q2 - If additional information is required, then the Project Manager should have responded within the original two weeks or at the very least within the two weeks upon notification within clause 62.6 that they do not accept the Contractors quotation and that they require them to resubmit another quotation(62.4) and so the process/clock all restarts again.