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NEC ECC: Can the period for a response to quotation be extended once initially notified as not having responsed?

+1 vote
358 views
Clause 62.5 allows the period for reply to a quotation (or for submission of a quotation) to be extended by agreement provided it is before the submission or reply is due.

Clause 62.6 deals with non response to the quotation but is seemingly silent over further extensions to the period for reply. This would suggest that once the initial notification of non response has been submitted, the contract does not allow for there to be an extension to the assessment period. In this instance, the PM would have two weeks from the date of the second notification to respond with acceptance, rejection, to provide a revised quotation or to notify the contractor that they will be doing their own assessment, else the quotation will be deemed accepted.

Is this a correct interpretation of the contract?
asked Nov 9, 2018 in General by NEC3 User (170 points)  

2 Answers

+2 votes
I looked at the NEC3 ECC Flow Charts to see if the provisions of clause 62.5 were part of the process under 62.6, but couldn't see clause 62.6 anywhere in the Flow Charts !

On a straight reading of the contract, I would tend to agree with your reading of the contract i.e. once the PM is late in responding to the initial quotation, the provisions of clause 62.5 do NOT apply.
answered Nov 12, 2018 by Jon Broome Panel Member (59,440 points)  
+1 vote
By agreement anything is possible. If they asked for an extension you could consider it - and also consider the practical if not contractual implications of not allowing them. If you don't grant them longer - they are clearly aware now and the chances are that they will rush the assessment knowing they will be time-barred and it may well be less than you wanted and other than adjudication there will be no other official remedy to change it.

So, I am in no doubt Jon is correct contractually, but I am just saying you COULD consider giving them longer if they have clearly now become aware they have to respond and are close to being timed out...
answered Nov 12, 2018 by Glenn Hide Panel Member (77,210 points)