NEC3 ECC Clause 13.4

NEC3 and NEC4 Contracts General
1

Hi

When the Project Manager assess a notification (any kind) submitted by the Contractor, can the Project Manager request the Contractor under NEC3 ECC Clause 13.4 to submit more information for consideration?

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2

First of all, language is important and 13.4 applies to “a communication submitted or re-submitted … … for acceptance”, which strictly speaking are not notifications.

The PM has to state reasons for non-acceptance and, at a minimum, that has to be the contractual reason. In your case “more information is needed in order to assess the Contractor’s submission fully”. It would be helpful - and there is a good argument for saying an implied obligation via the “mutual trust and co-operation” obligation of clause 10.1 - that the PM gives the reasons ‘in sufficient detail to enable the Contractor to correct the matter’ whatever the contractual reason for non-acceptance.

NEC4 now has this as an express obligation within clause 13.4

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3

thank you for your advice

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