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The project is the construction of a shopping mall under ECC Option C and secondary Options X1, X2, X7, X18 and X20 incorporated. Any response
The project is the construction of a shopping mall under ECC Option C and secondary Options X1, X2, X7, X18 and X20 incorporated. Any response referring to dispute resolution should identify whether Option W1, W2 or W3 applies as an assumption. The Contractor notifies a significant compensation event for weather 14 weeks after becoming aware and is stating, in a spirit of mutual trust and co-operation, that the Project Manager should accept this. a. Should the Project Manager accept this as per the Contractor's request? How else could this be dealt with? [5 marks] A different compensation event is assessed by the Project Manager at a much lower value than the Contractor quoted. The Contractor is concerned and 7 weeks later states that unless the assessment is revised the matter will be referred to dispute resolution? You have been asked to update the Client. b. Is the Contractor able to refer this matter to dispute resolution? [3 marks] The project goes from bad to worse. On a separate matter the Contractor refers a dispute to adjudication, but the decision is not in its favour. c. Can the Contractor refer this matter to the tribunal and is there a time limit? [3 marks] The relationship gradually improves and the Contractor offers to take the entire project team out for a meal and a team-building event away from Site. This is very successful. The costs of this event are then included in the Contractor's next application for payment. d. Do these costs qualify as Defined Cost under the contract and should the Contractor be paid? [7 marks] Towards the end of the project, the Contractor identifies that the Scope provided by the Client states that the floor finish to the shopping centre's food hall should be marble. In a different part of the Scope it states it should be vinyl. The Client wants the higher-quality marble finish. e. Describe the process in the contract for resolving this. If the marble finish is chosen, who will pay for the increased costs over the vinyl solution? [7 marks]
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