NEC3 ECC: Can the Contractor claim for preparing quotations under an NEC3 ECSC 2005

Under the ECSC contract the Client has changed the works information via a PMI.

Also, a submission is required of a quotation for a proposed instruction, which may or may not form part of the Works Information at a later stage.

Can preparation of the quotations for both a PMI and a proposed instruction quotation be included within the quotations.

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Depends which ECC option you are working under, For options A/B the cost of preparing the quote is excluded (11.2(22)), where as it is not excluded for option C onwards. This would be for instructed work (61.1) and proposed instructions (61.2).

Guidance notes suggest that if a large quote or several small ones are requested under A or B then the Project Manager MAY consider paying for the quote - but not much help to the Contractor in the guidance notes as they equally MAY NOT!

Interestingly - if a proposed quotation does not go ahead then there is no where really under the contract to recover that cost.

Glenn, the question referred to the Short Contract. I think the answer lies in clause 63 of the ECSC, which says that, basically, if the Price List is in the form of a BQ then the assessment of the CE is simply based on the changed quantities of work in the Bill, but if the Price List is in the form of an activity schedule then the assessment is based on change to Defined Cost.

I think that means that the Short Contract follows the principles of the ECC and with a BQ the Contractor can’t include the cost of preparing quotations (unless there’s additional time, in which case there would presumably be additional prelim costs), whereas with an activity schedule the cost of the QS’ time in preparing the quotation can be included in the quotation - though that doesn’t mean the Employer will necessarily agree with the quotation!