NEC ECS: Correcting a defect we know the end Client has accepted

NEC3 and NEC4 Contracts Testing and Defects
1

We are a Subcontractor under an NEC3 Option C.

We have been asked by the Contractor to provide a quotation indicating the time/cost saving for accepting a Defect.

We are aware that the ultimate client has accepted the Defect and permitted a concession (we have documented proof of this).

Can the Contractor still request the quotation even though the decision to allow the Defect to remain uncorrected has already been made?

2

They can (sort of) but it’s not through the compensation event procedure, but thought clause 44, where you make an offer which if the PM accepts on the Employer’s behalf reduces the Prices &/or Completion Date.

As you know the ultimate client has accepted the concession, this puts you in a strong negotiating position !