We are a Subcontractor engaged under the terms of an NEC3 ECC3 Option A (not ECS3).
We have submitted a quotation for a CE. We did not receive a response from the C in the timescale for the period for reply, so notified the late response accordingly to the C under Cl 62.6.
The C responded in the timescale allowed (2 weeks), but merely responded “acknowledging” the notification without any more substance.
Q - Does the C’s reply need to state acceptance or rejection of the quote or can the stalling “acknowledgement of the notice” just mean time drags on until the C’s deicides what to do ? Or is the CE quote deemed to be implemented even though he has replied in the correct timescale (merely acknowledging the notice) ?
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What the Contractor’s response needs to say is stated at clause 62.3, acknowledgement falls short of this. Looking at it plainly, if this response was permitted by the contract it would defeat the object of the contract stating timescales for decisions to be made! Clause 62.3 states the reply must be (1) instruct revised quotation, (2) accept quotation or (3) notify their own assessment.
Acknowledgement is none of the above which effectively means they have failed to reply in compliance with the contract and your quotation should be treated as accepted under clause 62.6. They are in breach of contract for not replying in time (CE under 60.1(6)) and not providing a response in accordance with the contract (CE under 60.1(18)).
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[quote=“Badgerbitter, post:1, topic:19818”]
Or is the CE quote deemed to be implemented even though he has replied in the correct timescale (merely acknowledging the notice) ?
[/quote] it’s deemed implemented, Neil is spot on. Great question
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