Breach, Default & Dispute
An MRA party is in breach or default of the MRA when it is not compliant with the provisions or obligations within the agreement. MEC should be notified when a party detects what it believes to be a breach on the part of another party that it has been unable to resolve directly through contact with the MRA Contract Managers. Where MEC determines that a breach should be remedied within 20 Working Days, a party should comply with this or it will be in Default. A Default occurs either when a party so notified has failed to remedy the matter within the timescale or through administration or an inability to continue to meet the Conditions Precedent set out in the MRA. It should be noted that this is an overview of breach and default and at all times the MRA and any MEC resolution will determine the exact circumstances of such an event and any consequences thereof.
Gemserv supports MEC in verifying and investigating any breach notification that is received and by providing factual information and any supporting material so that MEC is fully informed. Once a breach investigation has been completed MEC will produce a case study providing a factual overview of the breach investigation, any MEC determinations and any subsequent action taken by either MEC or the MRA parties involved. Case studies that have been produced by MEC are available to download from the links below.
MEC Breach Case Study 20070619
The MRA (Clause 40) provides for the procedures to resolve any Dispute between parties to the agreement. Gemserv provides an independent chairman for the Disputes Committee as well as managing the industry agreed processes (MAP 01).
You can download the relevant documentation from the links below.
For further information contact Louise Wright 020 7090 1052
