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Reference: NEC/ECC/Y(UK)2/April 1998
G:\NEC\Main\4 pages 5 -7 April 1998
90.9 The Adjudicator reaches a decision within twenty eight days
of referral or such longer period as is agreed by the Parties
after the dispute has been referred. The Adjudicator may
extend the period of twenty eight days by up to fourteen
days with the consent of the notifying Party.
90.10 The Adjudicator provides his reasons to the Parties and to
the Project Manager with his decision.
90.11 The decision of the Adjudicator is binding until the dispute
is finally determined by the tribunal or by agreement.
90.12 The Adjudicator is not liable for anything done or omitted in
the discharge or purported discharge of his functions as
adjudicator unless the act or omission is in bad faith and any
employee or agent of the Adjudicator is similarly protected
Clause 91 is amended as follows:-
Side heading “The adjudication” is replaced with “Combining
Clause 91.1 is deleted and replaced by the following:-
91.1 If a matter causing dissatisfaction under or in connection
with a subcontract is also a matter causing dissatisfaction
under or in connection with this contract, the subcontractor
may attend the meeting between the Parties and the Project
Manager to discuss and seek to resolve the matter.
Clause 91.2 line 4 “settles” is replaced with “gives his decision on”
Clause 92 is amended as follows:-
Clause 92.1 line 1 “settles” is replaced with “gives his decision on”
Clause 92.2 line 6 “settle” is replaced with “decide on”
Clause 92.2 line 7 “had not been settled” is replaced with “a
decision had not been given”
Contract Data Part 1 - Optional statements
The fifth optional statement is deleted and replaced by the following:-
“If the period for payment is not twenty one days
• The period within which payments are made is ..... days”