I wanted to know if anywhere in the NEC contracts there is allowance for deemed acceptance on notices, ie early warnings and/or compensation events if the Client does not reply within a specified amount of time? If not what are the implications to the contractor if a Client does not reply?
For NEC3 there are only three deemed acceptance all to do with compensation events. If the PM fails to respond to a notified compensation event within the contractual timescales(61.4), fails to respond to a quote(62.6), or fails to make their own assessment after they have stated that they have rejected the Contractor quote(64.4), then in each of these eventualities the Contractor can notify their lack of response. Failure to respond to this reminder within two weeks will result in deemed acceptance.
In addition NEC4 then brings a few more deemed acceptance. The first is programme acceptance(31.3). If the PM fails to respond to the issued programme within two weeks then the Contractor can notify, and after a further week the programme will be deemed accepted. I don’t actually think this will lead to lots of deemed acceptances, I just think it will force a response - which may well be rejected, but then they have to state clearly why.
Also under NEC4 is the fact that under option C/D/E under clause 50.9 Contractor can identify elements of Defined Cost for assessment. there is a process here that could also lead to deemed acceptance if they don’t respond. Also potentially an instant deemed acceptance under clause 53.3 where the Employer does not respond to Contractor issuing details of final account.
And that is it I reckon - 3 deemed acceptances in whole of NEC3 ECC, and 6 in whole of NEC4 ECC.