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NEC3 ECC: Can a CE be raised for abortive costs?

0 votes
If a PMI is raised to a Contractor asking for a design proposal and quote for a new external door, can the Contractor apply for abortive costs under a Compensation Event (e.g. time spent, architects fees etc.) in connection with providing this information , should the employer not proceed to instruct the works?
asked Mar 17, 2017 in NEC3 Compensation Events by charlotteking (170 points)  

1 Answer

+1 vote
Depends how the PMI has been instructed. If this is under 61.1, the Contractor is obliged to proceed in meantime in lieu of quotation being agreed. It would then be a new instruction to stop these works and any costs incurred would be recoverable.

If however the quotation was instructed under 61.2 for a proposed element of works then currently no if this does not go ahead there is no way of recovering that cost.

However, it would seem as though NEC4 has addressed this and there will be means of recovery of the cost of a quote for a 61.2 that does not then go ahead.
answered Mar 17, 2017 by Glenn Hide (33,750 points)