So the PM instructed a changed of works for some additional works weather permitting. Submitted quotations including risk allowance with works planned to be in a couple of months but PM is withholding acceptance to see whether our time risk allowance is used.
Is this allowed under the contract? and also what can be done if no reply is given to the quotation? I fear this could have an effect on prices and completion dates.
No they are not correct and not what is intended. They should either assess what was a reasonable forecast at the time of the quotation, or could otherwise have stated PM assumptions about what weather should have been assumed. That would allow the quote to be ring fenced and if the weather is different then that element of the quote(only) would be assessed a s anew CE (60.1(17)).It would however be unusual to use assumptions for weather as up to a 1 in 10 year event is Contractor risk.
The period they have to assess a quote is not intended to see if risk was not needed and if not pay them less. What if more risk had occurred than allowed for within the quote - would they ever increase the value in that situation?? I suspect not.
If they don’t reply to the quotation within two weeks, the Contractor can notify that there has been no response. If there is no response within a further two weeks then the quotation is now deemed accepted - for both cost and time.