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NEC ECS: 61.2 Proposed Instruction / Change Decison

0 votes
Simple Question. Background to start.

Our Client needs to first recieve funding before instructing works, therefore we use CL 61.2 to first recieve a quoation from our Subcontactor to provide the relvant information to the Client.

Weeks maybe even months after our Client will intruct us to carry out the works via a PMI which results in a 60.1 to the Subcontractor.

Is the Subcontractor within their rights to revist the PICD quotation once the CE process is started ?

So using the stages of a normal CE, do we start at the beginning or do we pick back up where the PICD left off (Quotation Stage)

asked Sep 12, 2018 in Compensation Events by QS007 (450 points)  

1 Answer

+1 vote
You instructed a quotation for a proposed instruction.

Having received it, you are not responding to it within the contractual timescales of clause 62.3. Consequently - and this would presumably be reinforced by the detail in the quotation - as a (Sub)contractor, I would argue that any acceptance is out of time and not valid. (Note : in NEC4, the issue of proposed instructions has been significantly tidied up in terms of reducing contractual loose ends - see clause 65)

So you start again, either
- instructing the works as a change to the Works with the quotation to follow or
- instruct a revised quotation for a proposed instruction.
answered Sep 12, 2018 by Jon Broome (52,410 points)