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NEC ECC: Declination of quotation request

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Hello Glenn. Thanks for response. Presumably declining to quote this request is an option for us?
asked Sep 19, 2018 in Time by Jonathan Atwall (200 points)  

1 Answer

+1 vote
Depends which quotation you are talking about. If it is a pure acceleration quotation under clause 36 then the quotation can be instructed and in theory you have to provide a quotation. However, in practice you could just put in a very high quote that they would never accept (and they cant assess that quote themselves unless they have a Z clause that allows them to do so) or if you did not put a quote in without a Z clause there is not much they can do about it.

If after discussing with you they have requested an alternative quotation under clause 62.1 i.e. the alternative quote is "apply night working/extra resources and price that to maintain the original Completion Date" is more of an issue as you cant really refuse to quote that one, and if you did they could in theory just assess it themselves and then you would only have adjudication to overturn it. I would suggest you get your market in the sand by submitting the quote and explaining in detail why it is as much as it is - including clearly identifying where you have allocated risk.
answered Sep 19, 2018 by Glenn Hide (68,990 points)