NEC3 ECSC: When is a quote due under clause 62.1

NEC3 and NEC4 Contracts Compensation Events
1

Under 62.1 of the Engineering and Construction Short Contract, the Contractor has to submit a quotation within two weeks of being asked to do so or within two weeks of the CE notification.

So if the Contractor issues a CE and the Employer does not respond, is the Contractor bound to submit a quote on last day that the Employer should have replied?

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2

Not quite. To my mind, there is an anomaly in timing under the Engineering & Construction Short Contract which is :

  • under clause 61.2, the Employer has 1 week to respond to a notification of a compensation event from the Contractor.
  • under clause 62.1 :
    • if the Employer responds, the Contractor has 2 weeks to submit the quotation from the time of being instructed to
    • but if the Employer does not respond within the week (as per 61.2), the Contractor has 2 weeks from their own notification, which can only be less than the above.

So it seems to me that the Contractor is being (mildly) punished for the Employer’s breach, which is perverse !