NEC contracts notification of no response to CE

Hi,

When notifying when the contractor believes something to be a CE, the response period to the initial notification is 1 week, the PM can then agree or disagree to whether the event is a CE. If there is no response, the contractor can send a notification reminder, to which the PM has a response period of 2 weeks from the date of the reminder. If still no response, then the CE is deemed to be accepted and to proceed to quote.

My question is, if you don’t send the notification reminder, what happens to the timelines and are you still protected and would it become “deemed to be accepted” even if you didn’t send the reminder?

Thanks

Hi

I’m not sure what you mean by still protected. The provision for the Contractor to notify the PM that it has not responded to a notification with one week (clause 61.4) does not elapse eg the Contractor could notify of the non-respond 4 weeks later – although it would raise the question why wait if you were going to give the second notice…

The event does not become deemed accepted unless the second notification is given and not responded to (in time)

1 Like

Hi,

You covered it in your final statement. Without the notification reminder, the event is not deemed accepted. Thank you.