Can you explain for me whether the references in NEC3 to “days” and “weeks” are treated as calendar or working days/weeks and whther it is best to follow a certain protocl within the Works Information and contract data.
Apart from notifying a dispute/ adjudication, I struggle to think of where days are mentioned (and I looked up ‘day’ in the index!), so I will respond on the basis of weeks.
NEC3 states weeks and this is assumed to be a week. I.e. If I recieved an instruction on Monday, and the the response time stated in the contract was one week, then the contract would require that the other Party responded by that Monday a week later - if not by the time that they recieved it, then certaintly by the end of the day. The same presumably applies for days and that would include weekends.
This obligation also exists over holiday times, where a site might shut down for 2+ weeks over Xmas. However, under clause 13.5 of the ECC, the PM can extend all timescales if agreed with the Contractor prior to the period being up. This could be a general agreement to hold all comms over for three weeks over the Xmas break. Timescales for submitting quotations and the PM responding can also be extended in a simalr manner under clause 62.5. This is the protocol which I suggest is adopted.