NEC3 ECC: Prioject Manager's failure to respond to a communication

If the Project Manager fails to respond to a communication, under clause 60.1 (6) we can notify a compensation event, is there any further recourse that can be taken should the Project Manager continue to fail to provide a response within the required time frame under the Contract ?


Under NEC3 contracts the Contractorā€™s remedy for breach of contract is the compensation event mechanism. Therefore as you have rightly identified you would raise a compensation event under 60.1(6).

There are other actions you can take to increase the pressure on the Project Manager to respond.

  1. Issue an early warning and instruct a risk reduction meeting under 16.2, or
  2. Issue a revised programme under 32.2 showing the impact on the programme of the failure to respond (this assumes you havenā€™t been instructed to submit a quotation for the breach). This programme will, of course, show an impact on planned Completionā€¦

The NEC3 brought in the deemed acceptance process for compensation events to deal with the ā€˜indolentā€™ Project Manager so when issuing your notices make sure you familiarise yourself with those provisions in 61.4, 62.6 and 64.4 and stick rigidly to them.