NEC3 ECC Clause 13.4


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?


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


thank you for your advice

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