The Engineering and Construction Contract - Free Download | Page 6
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Reference: NEC/ECC/Y(UK)2/April 1998
G:\NEC\Main\4 pages 5 -7 April 1998
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for withholding payment or
• if there is more than one ground, each ground and the
amount attributable to it.
Y2.4
The following is added to clause 60
60.7 Suspension of performance is a compensation event if the
Contractor exercises his right to suspend performance under
the Act.
Y2.5
Clause 90 is deleted and replaced by the following:
Avoidance and settlement
of disputes
90
90.1 The Parties and the Project Manager follow this procedure
for the avoidance and settlement of disputes.
90.2 If the Contractor is dissatisfied with an action or a failure to
take action by the Project Manager, he notifies his
dissatisfaction to the Project Manager no later than
• four weeks after he became aware of the action or
• four weeks after he became aware that the action
had not been taken.
Within two weeks of such notification of dissatisfaction, the
Contractor and the Project Manager attend a meeting to
discuss and seek to resolve the matter.
90.3 If either Party is dissatisfied with any other matter, he
notifies his dissatisfaction to the Project Manager and to the
other Party no later than four weeks after he became aware
of the matter. Within two weeks of such notification of
dissatisfaction, the Parties and the Project Manager attend a
meeting to discuss and seek to resolve the matter.
90.4 The Parties agree that no matter shall be a dispute unless a
notice of dissatisfaction has been given and the matter has
not been resolved within four weeks. The word dispute
(which includes a difference) has that meaning.
90.5 Either Party may give notice to the other Party at any time
of his intention to refer a dispute to adjudication. The
notifying Party refers the dispute to the Adjudicator within
seven days of the notice.
90.6 The Party referring the dispute to the Adjudicator includes
with his submission information to be considered by the
Adjudicator. Any further information from a Party to be
considered by the Adjudicator is provided within fourteen
days of referral.
90.7 Unless and until the Adjudicator has given his decision on
the dispute, the Parties and the Project Manager proceed as
if the action, failure to take action or other matters were not
disputed.
90.8 The Adjudicator acts impartially. The Adjudicator may take
the initiative in ascertaining the facts and the law.
