Late consultant replies to proposed instructions

NEC3 and NEC4 Contracts Compensation Events
1

What happens if a consultant doesn’t reply to a proposed instruction in their allotted 3 weeks?
Thanks,

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2

Katherine
What form of contract are you using (NEC3 or NEC4) and what type of instruction are you considering and under what clause?

Thanks

Mike

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3

Hi Mike,
It is an NEC4 PSC contract and the instruction is under clause 14.3 to issue instructions to change the scope or key date.
Thanks.

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4

Thank you @katherine.grose, you only have the right issue the instruction and notify this as a CE, you don’t have the right to make an assessment. Before doing this you may want to give the Consultant an early warning and ask them why they haven’t submitted a quotation.

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5

Katherine

It seems to me that the next step would be to write to the Consultant again telling him that the instruction needs to be implemented and that if it is not then the you consider the matter to be a substantial breach under Clause 91.2.

Seems odd that the haven’t or won’t comply with the instruction.

Do you know of a reason why?

Regards

Mike

6

Thanks Both. I think it is a failure of project management on the consultant’s side to get a price organised in time rather than not wanting to comply so I’d like to encourage them to keep things moving!

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