Our new clients PM is being rather reluctant to reply generally but in particular to quotations on our Option A contract. Already we have submitted a quotation because he did not respond to our CE notification and reminder.
As per 62.6, if the PM has not replied within two weeks of a quotation submittal we “may” remind him of such. But how long have we got to decide before we do this? Logic would say within a reasonable time of perhaps two weeks ( as per period for reply) but the contract does not specify an actual period…
In the extreme, we could wait three or four months and then notify that a reply is due and the PM is committed to reply within two weeks or the quotation is deemed to be accepted. This would seem however to be unfair albeit contractually permissible. Or have I missed something somewhere?
There is no time scale on how long before you “may” remind them. The word “may” is such that they can remind, but will not then be penalised themselves if they don’t remind them (of something the other party SHOULD have done) hence it does not say something firmer like “shall” or “is obliged”.
Equally you don’t have to wait for them not to respond (two weeks) to a quote, and then wait a further period of reply before you notify their lack of response. If they have not responded within two weeks - notify immediately, and then they have a further two weeks to respond otherwise it will be treated as deemed accepted.
The three deemed acceptance loops within the CE process were introduced to stop a PM not responding and then the Contractor having no remedy. The longer it goes to get through the process, the longer it goes with NEITHER party understanding their respective liability.