NEC ECS: 61.2 Proposed Instruction / Change Decison

Simple Question. Background to start.

Our Client needs to first recieve funding before instructing works, therefore we use CL 61.2 to first recieve a quoation from our Subcontactor to provide the relvant information to the Client.

Weeks maybe even months after our Client will intruct us to carry out the works via a PMI which results in a 60.1 to the Subcontractor.

Is the Subcontractor within their rights to revist the PICD quotation once the CE process is started ?

So using the stages of a normal CE, do we start at the beginning or do we pick back up where the PICD left off (Quotation Stage)


You instructed a quotation for a proposed instruction.

Having received it, you are not responding to it within the contractual timescales of clause 62.3. Consequently - and this would presumably be reinforced by the detail in the quotation - as a (Sub)contractor, I would argue that any acceptance is out of time and not valid. (Note : in NEC4, the issue of proposed instructions has been significantly tidied up in terms of reducing contractual loose ends - see clause 65)

So you start again, either

  • instructing the works as a change to the Works with the quotation to follow or
  • instruct a revised quotation for a proposed instruction.