Construction Law/APPLY OF PENALTY


I'm working as a Quantity Surveyor for the Engineer to a Contract under the Yellow Book (1999).
Two months before the Engineer issued an NCR to the Contractor, related to his fail to apply and follow the Traffic Management plan.
Since then, there has been action on behalf of the Contractor and no measures were taken. According the Particular Conditions of the Contract, a penalty is applied.
Am I obliged (as Engineer) to giving a notice to the Contractor about the penalty to be applied or not ?

Thanks in advance

Dear Konstantinos

Thank you for your question.

Firstly,  I suggest you check again the Special Conditions and see in case the Contractor fulfills its tasks, such penalty still apply, or for example,  a levied penalty is returned to them.

As well, penalty may be a two steps process, I.e. that NCR and only in case of action by Contractor to actually trigger the definite penalty.

Please thus look at these considerations and see where you are.

Hope that helps.

Secondly,  yes, you need to notify application of such penalty.  

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