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NEC ECS: Responding to a quotation after the reminder, does the CE time bar re-start?

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If the Contractor replies to a quotation after the reminder, does the CE time bar re-start?
asked Aug 29 in Compensation Events by Jon1273 (170 points)  

1 Answer

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Best answer
Not quite sure on the question. I think it depends when they respond, and what their answer is.

The process under ECS is that the Subcontractor submits a quote within one week, and the Contractor responds within four weeks. If they don't respond within that time, the Subcontractor may notify of their lack of response. If they don't respond to that reminder within three weeks, then the quotation is deemed accepted. If they respond within that three weeks why they don't agree with the quote and request a revised one, then yes the process/clock restarts in terms of the Subcontractor submitting a revised quote within one week and the Contractor having a further four weeks to respond.

You would like to think both Parties would recognise the importance of getting through this process as quick as possible so both know their liability.
answered Aug 29 by Glenn Hide (66,250 points)  
selected Aug 31 by Glenn Hide
thanks Glenn, answered my question. apologise for not being clear. we are finding it more and more as sub contractor where we are needed to administer the contract for the contractor as they either don't now how to or simply don't.
thanks again
sorry Glenn another quick question, the contractor responded during the final 3 weeks of the time bar, however, the comments were not in accordance with 62.3. they basically wanted some clarification on the breakdown of costs. would this still constitute a reply and restart of the time bar?
13.4 states that a reason for non-acceptance is that more information is required. If they are now saying they need more information to assess the quote they can do that, you submit that information and then their response time to that quote is reset. This should not be a stalling tactic as both Parties should want to get to the point as quick as possible that they understand their respective liability for this and every compensation event.

Very poor that you are having to remind them they have not responded in the first place and only then respond saying they need more information. Sounds like they need some training - which you as the Subcontractor could suggest as a joint training session (which I would be happy to run for you!)
thanks again Glenn, I myself have recently completed the NEC accreditation training and so just getting up to speed in the real world so to speak. I think with this particular contractor, they seem to be using the contract in as a tool to benefit themselves and not in the spirit the contract is written. so far it has been an aggressive approach from them, hence the questions. just need to be absolutely sure on my responses and administration which is where the experience is needed.
 I will on the other hand, suggest some form of training to aid there understanding
thanks again