NEC ECC: Communication between Project Manager and Contractor

Question

Can the Contractor communicate with the Client if it is regards to the Project Manager not responding?

Answer 1

Not formally, although you can notify a compensation event under clause 60.1 (6) which should focus the Project Manager's attention.

Comments

As Andrew says there is no formal procedure for doing this however an informal approach to the Client might work. In addition to notifying the CE as Andrew says, each non-response should also be notified as an early warning if there is likely to be an impact on time, cost or performance as consequence of the lack of response. You can then discuss resolution in a risk reduction meeting with the PM and request that the Client attends also (under clause 16.2).

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This is a good suggestion!  Also there is nothing really stopping the contractor from copying in the employer to some correspondence.  The employer would be interested to see if his project manager is not performing in terms of the contract.

Answer 2

I would like to slightly disagree and say yes absolutely the contractor can communicate with the client. It is critical to remember that the contracting parties are the Client and the Contractor, the PM for all his powers is a creature of the project given specific power and obligations by the Contract but outside those specific powers and obligations the PM is of no relevance to commercial discussions.

This is not a multiparty contract (such as the PPC2000). I do agree however that the right forum is a risk reduction meeting following EWN.

Answer 3

One other thing I would add to the comments below is that if one of the good NEC cloud based communications systems is being used - with read only access by the Employer- it becomes abundantly clear who is and is not operating the contract properly.