Frequently Asked Questions
The previous paragraph of clause 61.4 sets out when the contractor is required to respond to the initial notification of the compensation event by the subcontractor, which is within two weeks. So, assuming the subcontractor notifies the failure as soon as it occurs, X in your calculation will be two weeks.
However, if the subcontractor does not notify the failure until three weeks after it occurs, then X will be five weeks and the contractor has a further three weeks to reply. Once the failure to respond has occurred, the ball is firmly in the subcontractor’s court.