Frequently Asked Questions
Those timescales are set out in the adjudication table in clause W1.3(1). This can be problematic. If, for example, the contractor has stated that a notified compensation event is not a compensation event for a reason in the contract, and you have not referred that action within the timescales in the adjudication table, you may well have lost your right to dispute it. The same goes for decisions the contractor has made about the value of a compensation event. But, if all they have done is stonewalled and not made a decision at all, you are probably in a better position to overcome the time-limit problem.
Please note we can only offer contractual advice and not give you legal advice. The line between them is often blurred, which is why we use words like ‘may’ and ‘probably’ in the previous paragraph. So, our suggestions for dealing with where you are now are twofold. Firstly, for future disputes, or ones that are still inside the timescales in the termination table, you need to start using and quoting the provisions of W1 to your contractor. If you both decide that you need some time you can agree to extend the time limits in the table, as long as you do so before the time limit in question runs out, see clause W1.3(2). But, for the other long-running disputes, you will need to get some advice to see where you stand on those issues and the timescales involved.