Can someone advise on what as a minimum constitutes the formation of a contract (Package Order) under an NEC3 Framework. My understanding is that if the Employer issues a Work Package; the Supplier quotes and the Employer subsequently issues the Package Order, the contract is formed. (CDP1 & CDP2 completed in full). Is this correct?
As a supplementary question, in relation to the Limitation Act, if the Framework Contract is signed as a deed, how does this relate to a Package Order formed through the quotation procedure and selection procedure set out within the Framework?
In essence, the Framework is one contract and the Packages are another contract so you need to show everything necessary for a contract under each. Your example is therefore essentially correct (not going into other details such as consideration, capacity etc) with the issue being an invitation, your quote being an offer which is then accepted.
As the FC and PC are separate contract the Limitation Act will apply separately to each. If a PC is signed as a simple contract and the FC as a deed it will depend on the nature of the breach as to which limitation period (6 or 12 years) will apply. If the breach is of the PC then 6yrs if of the FC then 12yrs. For most purposes you would be looking at a breach of the PC.