NEC ECC: Acceptance of Subcontractor

Under NEC3 how should the Project Manager accept a proposed subcontractor? And if the Project Manager has remained silent but acted as though they accept is there deemed acceptance?

Project Manager should communicate acceptance in a form that can be read copied and recorded in accordance with clause 13.1. Acceptance doesn’t take any liability with it, it just means there was no reason not to accept them. The only reason stated in the contract is that they will “not allow the Contractor to carry out the Works in accordance with the Works Information” which in practice means financial, quality or safety concerns.

Silence is not deemed acceptance. However, the Contractor can not place an order with the Subcontractor until they have been accepted. Lack of response by the PM is a compensation event under 60.1(6) so no response could lead to a claim by the Contractor that they have incurred additional cost and/or time in the delayed response.

This is something both Parties should be aware of at the beginning of the project and make sure does not become an issue for either party.