NEC3 Clause 61.4 - Following submission of the contractor's notification, the PM agrees to the principle of the CE and instructs the submission of quotations. Does the contractor put this instruction into effect?

Due to the amended period for submission and assessment of quotations and the potential for further time due to negotiations of the quotation it can take considerable time for CEQs to be agreed and implemented. Clause 61.4 unlike 61.1 and 61.2 is not objective on whether the contractor should put the works into effect. Please can clarification be provided on this matter?

1 Like

For the Contractor to be issuing a notification of a CE in the first place, there should already be an instruction in place to be changing the Works Information, or it is for an event that has already happened that does not need an instruction e.g. weather event under 60.1(13).

What often happens is that a Contractor notifies a compensation event that is a change to the Works Information even though the PM has not officially instructed it in the first place. What should happen is the Project Manager gives an instruction under clause 61.1 and at the same time (and for me on the same piece of paper despite what people say about clause 13.7) state that it is a compensation event and request a quote. The last line of clause 61.1 states that the Contractor proceeds with the works in the meantime.

Simple advice to a Contractor - don’t do anything that is a change to the Works information without an instruction to do so (see also clause 20.1).