This is a common problem under NEC3 contracts and the validity of a quotation for a proposed instruction under sub-clause 61.2, unlike NEC4 where the Project Manager is required to state the date by which the proposed instruction may be given, so effectively ‘time expires’ the matter.
A possible way to overcome this is to state an ‘assumed dividing date’ which the quotation assessment is based upon, to ‘qualify’ the assessment. This would also allow appropriate risk allowances for cost and time to be included with the quotation assessment.
If the Project Manager consequently instructs the matter as a compensation event under sub-clause 61.1, then a quotation has already been submitted and the PM would respond accordingly under sub-clause 62.3. This would include the option to instruct the submission of a revised quotation.
Although there is not a formal process within the compensation event procedure, it is always worth discussing such matters prior to the submission of a quotation, not least to align the understanding of the parties as to what is actually required to be priced.