Period for Reply

The NEC period for reply is the default time allowed to answer a communication, set by you in the Contract Data. It applies to the Project Manager, the Supervisor and the Contractor, unless a clause gives that particular reply a different period. A late reply from the Project Manager or Supervisor can be a compensation event.

Because it's an identified term (shown in italics), the contract doesn't give you a figure: you need to read your own entry. The rule itself is at clause 13.3 in both NEC3 and NEC4. See clause 13 on communications for the wider context. This page is part of the NEC definitions glossary.

General period, or specific one?

The word "unless" in clause 13.3 carries the most weight. These common NEC4 ECC replies have their own periods and don't use the Contract Data entry:

Reply or submission	Clause	Period
Project Manager's reply to a programme submitted for acceptance	31.3	Two weeks
Project Manager's reply to the Contractor's compensation event notice	61.4	One week
Contractor's quotation	62.3	Three weeks
Project Manager's reply to a quotation	62.3	Two weeks

Those periods can differ in other forms and subcontracts, and Z clauses can change them. The general period picks up what's left: design submissions, quality plans, subcontractor names, and much more. See the guide to NEC time periods for a wider list.

What it's worth setting

There's no default in the form, and the right number varies by job.

• Too short, and the Project Manager will often be late, which brings a stream of 60.1(6) events.
• Too long, and a Contractor's work can stall for weeks waiting on routine answers.
• NEC4 forms let you state exceptions, so large design packages might have a longer period than a routine name submission. The NEC4 subcontract also has separate entries for each side, while the NEC3 ECC form has a single entry.

A worked example

A fictional depot, where the period for reply is two weeks, with illustrative dates and costs.

1. On Monday 3 March, the Contractor submits a steel connection design for acceptance. The reply is due by 17 March.
2. On 12 March, the Project Manager asks for more time, as the engineer is away. Both agree before the deadline to extend to 24 March, and the Project Manager tells the Contractor so (13.5). No event arises.
3. The Project Manager replies on 31 March. That's a week past the extended date.
4. The Contractor notifies a compensation event under 60.1(6) and shows the delay affected fabrication. Its quotation covers that effect, for example £11,000 and four days on the Completion Date.
5. If the late answer had no effect on cost or time, the event wouldn't change the Prices or dates, and the Project Manager's reply could properly say so under 61.4.

When the reply isn't acceptance

The Contractor's resubmission also runs on the period for reply (13.4). So a reply giving reasons starts a new round: resubmission within the period, then another reply within the period. At a two-week period, one refusal adds four weeks. A meeting before the first submission often saves more than a shorter period would.

What people get wrong

• Applying it to everything. People quote the general period against a quotation or a 61.4 reply, and it's the wrong number.
• Extending too late. Clause 13.5 needs agreement before the reply is due. If you miss that, the reply is simply late.
• Assuming silence means yes. The general period carries no deemed acceptance. NEC4's treated acceptance applies only to specific items, after the Contractor has notified the failure.
• Replying by asking a question. A request for more information can count as a reason for not accepting (13.4), but a holding reply saying "we're looking at it" isn't a reply.
• Forgetting the Contractor's own replies. It's also bound by the period, even though no compensation event follows if it's late. Late answers can still come back when a compensation event is assessed or a warning was missed.
• Counting from the sent date. A communication takes effect under 13.2, usually on receipt or through the specified system. Use that date.

Keeping these dates on a simple register is the cheapest way to avoid the problem. The guide to tracking the period for reply sets out how.

Related guides

• NEC Definitions: A Glossary of Key Terms
• Clause 11: Identified and Defined Terms
• Ambiguities and Illegal Requirements

This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.