NEC3: Project Managers Assessment

I am the Project Manager on an NEC3, Option B Contract. We informed all Contractors on a major infrastructure project to submit any recent Covid-19 impact CE’s (under the Force Majure claim). One Contractor notified a CE, this was accepted, we requested a quotation for the CE, the period for quotation is 2 weeks in the contract. After 2 weeks they had not submitted any quote, this went on for 2 months with continual reminders in weekly meetings. We have issued a formal reminder to them and stated they must provide a quote within the next 2 weeks. If they fail to submit a quote by the deadline we plan on carry out a Project Managers Assessment at zero cost and time, we do not believe they have encountered any demonstratable cost/time delays. Is this a fair approach? We accepted the NCE to give them the opportunity to demonstrate any impact, they have failed to do this.

Any suggestions appreciated.

I don’t believe there is anything wrong with this approach and it follows the Contract.

I would however recommend arranging a meeting with the Contractor to discuss this approach. In my experience COVID-19 was a tricky CE to price as the affects were difficult to quantify, I assume the Contractor most likely knows there is some impact to their Defined Cost / Programme but are finding it difficult to produce the information in a CEQ.

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