I wish to get some clarity around the correct interpretation of acceptance of quotations under clause 62.3.
In my view, the contract is clear that this clause applies to quotations submitted under clause 61.1 and 61.4 and is not applicable for quotations submitted under
clause 61.2. Please can clarification be provided on this matter? Thank you
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It is applicable to quotations under 61.2, hence the third bullet - notification that the proposed instruction will not be given. However it is less significant in as much as if you do not respond to a proposed quotation, the Contractor will not in the meantime be proceeding with the works, so not too much harm done.
The issue will come about where if several weeks down the road you wish to proceed, and now the Contractors quotation may not be valid/relevant as the time delay has meant the cost may now be legitimately different.
What I am really after is the correct interpretion of clauses 62.3 and 65.1 in relation to acceptance of quotations under 61.2. I would like your view as a NEC3 specialist on the practice of using the instruction under 61.2 as the instruction to proceed following the acceptance of the quotation without looping back to clause 61.1 route to implement the proposed change.
61.1 says that the Contractor submits a quotation unless one has already been submitted. This means that under clause 62.3 the proposed quotation issued under 61.2 can be assessed, and the PM has the same options now to accept the quote, ask the Contractor to re-quote or make their own assessment. If they agree with the quote then the proposed quote can be implemented under 65.1, or the PM can make their own assessment of that quote under 64.1 (before then confirming their own assessment under 65.1).
Before implementing the proposed quote under 65.1, surely, the Project Manager has to issue an instruction to proceed and a notification of compensation event which are prerequisites as per 61.1. Is the practice of using instruction under 61.2 alone as the instruction to proceed without a notification of compensation event acceptable?
No you are correct Keith. They have to instruct under 61.1 that they wish to proceed with the proposed instruction. They just now bypass the need for a quote was what I was saying, and can go straight to assess self (64.1) or implement if they agree with quote under 65.1.