Twbn/123 Week 4

TWBN have uploaded 123 Final account packs on to Asite across 6 contractor’s communications 4 of which LU responded to on the 31/07/2017 conditionally accepting 29 Final account packs with a total value of £110,118.70 (1% of the total Value of the uploaded accounts), rejected 33 Final account packs with a total value of £4,862,956.41 (49% of the total Value of the uploaded accounts). This averages a 115.25 day delay across these four communications (Delay being calculated as the number of days between the final date to respond [Four weeks after the issue date as stated in the Contractor Data Part 1] and the date LU responded). In connection to the two communications which have not been responded to that cover 61 of the uploaded final account packs (50% of the total Value of the uploaded accounts), one of the communications (CONC7243) has a 210 day delay and the other (CONC7377) has a 149 day delay as of 24/11/2017.
However, LU has written the following on their communications “For the avoidance of doubt approval does not mean it is agreed that the sub-contractor or sub-consultant are not part of the Working Area Overhead percentage or the Fee percentage”. In specific respect to the agreement of Defined Cost and with reference to Clause 52.1, the last limb of the above Project Manager's statement all but renders the approval from the Project Manager without effect. The above issue was raised on CONC8062 issued 26/10/2017 which LU responded to on the 24/11/2017 (With a 1 day delay) with the following comment “The inclusion of the statement referred to was to give continuity to the wording in the CONC 5543 response as such; no other intent should be interpreted.”, which we consider to be unsatisfactory and to not address the issue