Under the NEC 3 Supply Contract, clause 50.2 states, payment is made for each lump sum item in the price schedule.
2 questions please:
1 - it also states under clause 50.2 ‘plus other amounts to be paid’ what is defined as ‘other amounts’ - is it VAT and alike or do money for additional works fall under this category?
2 - The supplier has listed an amount against compensation events, which have not been accepted by the Supply Manager. However the supplier deems the CE’s to be accepted by default as the Supply Manager has not responded to the notified CE. I believe the supplier is incorrect on this. Nevertheless, the question is, if no CE has been accepted (or if it is deemed accepted by default) and the supplier has not formally submitted a quotation for the CEs but instead listed them on the application for payment and stated an amount against each CE, and included this amount within the amount applied for in the application. Is the Supply Manager within his rights to assess those values at nil due to no formal quotation being submitted and instead the assessment is based on the items from the price schedule? And thus not be in breach of contract (if any breach is applicable here - this is mentioned as the supplier thinks the Supply Manager would).