NEC ECS: Period For Reply in CD vs Timescales within Clause 60

NEC3 and NEC4 Contracts Compensation Events
1

I am a Subcontractor working under an ECSS Opt A, and within the Contract Data it states “The period for reply by the Contractor is two weeks more than the period for reply in the main contract”.

We have issued various NCE’s to the PM, and sent a reminder after two weeks as stated within c.61.4 in the Subcontract (Amended*). The Contractors PM has responded by saying they have a total of 4 weeks to respond to an NCE. (Period of reply + c.61.4)

My question is, do the timescales in c.60 take precedence over any timescales already listed in the Contract Data, or do they work in conjunction with any timescales listed in the CD.

*The amendment to C61.4 is that we issue the reminder to the Commercial Manager and Framework Manager, opposed to the PM, there is no amendment to the timescales.

2

Clause 13.3 states; ‘If this subcontract requires the Contractor or Subcontractor to reply to a communication, unless otherwise stated in this subcontract, he replies within the period for reply’.

Assuming your subcontract has not been amended, then if a specific timescale is stated, such as within the compensation event procedure, then this timescale would apply instead of the period for reply.

Therefore, the Contractor has 2 weeks to reply to a CE notification.