I have a Main Contractor imposing the following clause amendments on me which i believe are unfair and leave the subcontract without a remedy. I have requested it to be reverted back to the original NEC intent however i am being met with ‘not negotiable’ ’ you should price the risk’‘it’s back to back with the Main Contract’
Am i right to be concerned with signing up to these clause amendments? I am being stonewalled by the MC but my business don’t want to walk away from these works.
Clause 61.4 Notifying Compensation Events
In the second last line, delete the words “acceptance”. Insert the word “non-acceptance” and delete “and an instruction to submit quotations”
The contractor notifies his decision to the Subcontractor and, if his decision is that the prices, the subcontract completion date or the Key dates are to be changed, instructs him to submit quotations before the end of either
• Two weeks after the subcontractors notification or
• A longer period to which the subcontractor had agreed.
If the contractor does not notify his decision, the subcontractor may notify the contractor of his failure. A failure by the contractor to reply within three weeks of this notification it treated as ‘non-acceptance’ by the contractor that the event is a compensation event.
Clause 64.4 Contractors Assessment
64.4 Delete the last sentence
If the contractor does not assess a compensation event within the time allowed, the subcontractor may notify the contractor of his failure. If the subcontractor submitted more than one quotation for the compensation event, he states in his notification which quotation he proposes is to be accepted. DELETE THE FOLLOWING WORDS If the contractor does not reply within three weeks of this notification the notification is treated as acceptance of the subcontractor’s quotation by the contractor.
Clause 65.1 Implementing Compensation Events
65.1 Delete the third bullet point
A compensation event is implemented when
• The Contractor notifies his acceptance of the Subcontractor’s quotation
• The contractor notifies the subcontractor of his own assessment or
• DELETE THE FOLLOWING WORDS - A subcontractors quotation is treated as having been accepted by the contractor