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NEC ECC: Retrospective acceptance of materials/resource

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Contractor submits request for acceptance for use of materials. Proposed materials are acceptable but PM does not respond within the period for reply. Contractor installs materials anyway to progress the project and maintain programme….Should the PM issue acceptance retrospectively (for any future use) and if so,  should the PM point out that the lack of response/acceptance did not cause any delay and even identify the date of completion of that activity
asked Sep 28, 2017 in NEC3 General by Anon (250 points)  

1 Answer

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Best answer
"Should the PM issue acceptance retrospectively (for any future use) ?" Yes.

"Should the PM point out that the lack of response/acceptance did not cause any delay and even identify the date of completion of that activity." Not necessarily. They could notify as a CE under clause 61.1, but perhaps comment that it had no effect on time and cost so any quotation should be for zero.

Alternatively, they could wait for the C to notify under 61.3 and then, in their response under 61.4, notify that although it is a compensation event, it did not have any effect (bullet 3).
answered Sep 28, 2017 by Jon Broome (46,270 points)  
selected Sep 28, 2017 by Anon