Contract management - GC21 Ed 2

Sample letter 35B

Request the person named in Contract Information item 50B to select a Valuer

Mentioned in clause 35.1.1

User guidance

Guidance for GC21 Edition 2, including clause commentary and a suite of Sample letters, is provided on the Procurepoint website. See Policy Contract Management - GC21 Edition 2.

Refer specifically to the commentary on clause 35.1.

Instructions in the sample text below have been highlighted in yellow. If highlighting is not visible, see Sample letter guidancelocated immediately above the list of Sample letters.

Sample text for letter to the person named in Contract Information item 50B

The » insert the title of the person
» insert the name of the organisation
» insert the postal address
» insert the Contract name
Contract No. » insert the Contract No.
Selection of a Valuer for determining adjustments under the Contract
» insert the name of the Contractor(the ‘Contractor’) and the » insert the name of the Principal (the ‘Principal’) entered a contract on » insert the Date of Contract for the above contract.
Clause 35.1.1 of the General Conditions of Contract provides for the parties to engage a Valuer to determine the price and time adjustments associated with Variations and other entitlements under the Contract. The Contract provides that if the parties cannot agree on a Valuer, the Principal will request you to select the Valuer.
The parties have not been able to agree on a Valuer. Accordingly, you are requested to nominate a Valuer for Contract No. » insert the Contract number.
Please note that the parties failed to agree upon the following firms as the Valuer, which precludes them from being selected:
  • » insert the reason(s) for continuing to hold the Undertaking, eg there are outstanding Defects, unresolved Issues or monies owing to the Principal.
Yours sincerely,
» insert the name of the Principal’s Authorised Person
Principal’s Authorised Person
Copy to:Contractor’s Authorised Person
» insert the name of the Contractor

Guide Notes

  1. Only the Principal may request the person named in Contract Information item 50 to nominate a Valuer. The person may charge a fee for nominating a Valuer.