In a complex PFI/PPP contract there will be numerous obligations on each party to notify the other party of a particular event or to seek consent for a certain action. Such contracts therefore typically contain detailed provisions setting out how such notices can be served to avoid any ambiguity as to whether the process has been properly completed.
The WIDP Contract (Clause 98) requires notices to be in writing and to be delivered by first class post, by hand or fax to the address specified in the Contract. It should be noted that this standard drafting does not allow notices to be served by e mail. The clause also sets out how the precise timing of a notice is determined.
The Contract Management Manual should contain the nominated address and fax number for serving notices on the Contractor and this should be updated whenever the Contractor notifies a change. The Contract Management Manual should also set out the arrangements for ensuring that notices received from the Contractor are logged on receipt and communicated to the relevant parties within the Authority as quickly as possible. This should include the management procedures in place for ensuring that if the Authority has to respond within a certain time period that this is achieved.