We are currently working on a project as Project Manager with a contractor of whom we have never worked with before. The contractor is said to have experience in using the NEC 3 Contract but their lack of understanding of the core clauses suggest otherwise. Throughout the duration of the project we have had several disagreements as to the interpretation of the core clauses and it seems that this is becoming a regular occurrence.
The Contractor has formally written to advise that they had assumed that as the Project Manager did not formally reply that the programme they had submitted was deemed accepted.
We are of the understanding that in NEC 3 there is no deemed acceptance and this mechanism is included in NEC 4, so if the Project Manager does not respond to a programme the last accepted programme is the most relevant and the submitted programme is not deemed accepted.
We would appreciate if you could advise as to whether we are correct in our understanding of NEC 3 in relation to deemed acceptance of the programme and whether this misunderstanding is common.
Thanks in advance.