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NEC ECC: Allowing sufficient time for PM to assess Contractor's CE quotation

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Contractor asking for PM acceptance on CE costs within 24 hrs of submitting the CE quotation / costs. As Contractor has raised also the effect in programme delay if no decision is made.

As PM, is this fair to expect a decision to approve costs without taking time to review the same
asked Dec 13, 2017 in NEC3 Compensation Events by CB (120 points)  
   

1 Answer

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A number of things here :
- an instruction to do work (as a change to the Works Information) is a separate thing from  a compensation events progress through the CE procedure i.e. getting on and doing the work or making a decision is separate, albeit related, thing from its implementation of the CE ;
- consequently, the Contractor "asking" is exactly that as the timescales of the compensation event apply, although ideally well-beaten
- if the Contractor refuses to do the work until the PM has accepted the quotation, but the Works Information has been changed, the Contractor is potentially  not only in breach of contract, they are breach of their general contract law duty to mitigate and, in the eventual assessment, may well be contractually entitled to less as they are not acting competently and promptly etc. in accordance with clause 63.7.
answered Dec 13, 2017 by Jon Broome (25,720 points)