NEC ECC: What is the difference between bullets 1 and 3 of clause 65.1 under NEC3?

With NEC3 option E, 65.1 point 1 sounds exactly the same as point 3, how do they differ?

They are different. First bullet point is where they have accepted the Contractors quote (and not had to make their own assessment) and therefore it is “implemented”.

Third bullet point is where the Contractors quote is TREATED as having been accepted. This is a rare occasion in NEC contracts where there is a deemed acceptance process. If the Contractor submitted a quote that was not responded to within two weeks, they can notify the fact that it has not been responded to. If there is no response for a further two weeks, then under 62.6 that is treated as acceptance and hence “implemented” under the third bullet point of 65.1.

Same process occurs if they stated they would make their own assessment, but then don’t within the timescales. Contractor can notify lack of response and after a further two weeks if no response the original Contractor quote now stands even though it had been rejected by the Project Manager and is “implemented” (see clause 64.4).

The deemed acceptances are just there to stop PM’s not responding to quotes and the Contractor left unsure of their liability.