Frequently Asked Questions
If the project manager does not notify their decision within the time set out, as in this case, the compensation event is not automatically accepted. But the contractor can, at any time after the period, notify the project manager that they have failed to notify their decision.
If the project manager continues to fail to notify their decision after two weeks of that contractor’s notification, the compensation event is deemed to have been accepted by the project manager and the project manager is deemed to have issued an instruction to provide a quotation (final paragraph of clause 61.4). In that case this will be treated as a compensation event, the project manager cannot argue otherwise and only the adjudicator can change that deemed acceptance.