When accepting a defect, under 44.2 it says the Contractor is to submit a quotation for the reduced prices.
Is the Contractor still obliged to submit a quotation even when the Employer has not incurred any costs as a result of the defect?
Would in this situation, the Contractor submit a quotation based on only the cost to put the works completely right?
Until a quotation is accepted under clause 44.2 the Contractor will be liable to correct the Defect which should be enough motivation to encourage the Contractor to submit a quotation. Remember the Employer has contracted for the Contractor to Provide the Works without Defects and presumably both Parties have acknowledged that it’s in everyone’s interest to not have it corrected.
Also, the Employer doesn’t have to incur costs as a result of the Defect, what the Employer is doing by accepting it is saving the Contractor the cost and potentially time associated with rectification, these factors should be considered in the quotation.
Note that unlike with compensation events, the quotation does not have to be based on Defined Cost plus Fee and PM does not have the right to assess the cost if they don’t agree.
It would therefore make sense for the parties to discuss and agree the quotation before it is submitted, there might have to be a bit of negotiation in order to do this.
I think this is one of those that you would like to think common sense would prevail.
Either the Contractor submits a quote at zero cost/time which the PM will then accept and give the instruction changing the Works Information (or Scope under NEC4), or the PM could just give an instruction changing WI/Scope to what has been done stating also this would not be a compensation event as it has been proposed by the Contractor. I think both work and clearly close things off to both Parties reflecting what they have both agreed.