The Project Manager assesses the event itself. If a contractor gives no quotation under NEC within the time allowed, clause 64.1 makes the assessment the Project Manager's job, with no need for the Contractor's cooperation; the same numbers apply in NEC3 and NEC4 ECC.
It depends on two things: whether the time to quote has really passed, and whether the quotation was properly instructed in the first place. An unanswered event stuck on a register is a problem for both sides, so don't wait for the Contractor to come round. More answers are in the NEC questions section.
The deadlines that apply to you
| Step | Period (NEC3 and NEC4 ECC) | Clause |
|---|---|---|
| Contractor submits quotation | 3 weeks from the instruction | 62.3 |
| Extension, if both agree before it's due | As agreed | 62.5 |
| Project Manager's assessment and details | The same period as the quotation (3 weeks), from when the need became apparent | 64.3 |
| Contractor can notify a failure to assess | Once the assessment is late | 64.4 |
| If there's a quotation and you still don't respond | After 2 further weeks, it's treated as accepted | 64.4 |
Under the NEC4 subcontract, the quoting period is two weeks, the assessment period follows it and the further period is three weeks. Check any Z clauses.
What to do, step by step
- Check that quotations were instructed. If it's your event, the instruction goes with the notification (61.1 in NEC3, 61.2 in NEC4). If it's the Contractor's, it's in your reply under 61.4. Without it, the clock hasn't started.
- Check for any agreed extension. Look through correspondence for one agreed under 62.5.
- Tell the Contractor in writing that you're assessing. It isn't a required step for a missed quotation, but it records when the need arose, and it gives them one last chance to send useful information.
- Gather what you've got: site records, the Supervisor's notes, the Accepted Programme and the applicable Defined Cost components.
- Assess by the same rules the Contractor would use. Clause 63 applies: actual and forecast Defined Cost, resulting Fee, risk allowances and delay.
- Notify the assessment with details. Give enough for the Contractor to follow it. The event is then implemented (66.1).
Sample letter
If you have no programme or poor information
Where there's no Accepted Programme, or the Contractor hasn't submitted a required one, you assess the programme for remaining work and use it (64.2). Without cost records, use your best reasonable view, say what you assumed, and invite corrections. You can't refuse to assess for lack of information. A low, clearly explained figure may prompt the Contractor to engage. An arbitrary figure, though, invites a dispute, and may not survive one. See how the Project Manager assesses.
What the Contractor might say
- "We couldn't price it without your assumption." Ask whether you should state one under 61.6. If the effects really are too uncertain, it's a fair request. See the Contractor's side of this.
- "You never instructed it." Go back to the record. If that's right, instruct it now, with a new date.
- "Your assessment is too low." It can dispute the figure, but it doesn't reopen the assessment by itself. See the same problem from the other side.
The contract and the wider picture
The contract's route is mechanical: no quotation, Project Manager assesses. It's not a default that attracts any other penalty on the event. In practice, ask why it's happening. A Contractor who doesn't quote may be short of commercial staff, in financial trouble, or trying to hold its position for a larger settlement at the end. A short meeting usually tells you which. If the pattern points to wider failure, record it, and take advice on what else the contract allows. See events left open at the end of a job to see why it's better to deal with them now.
Related guides
- NEC Questions Answered: Real Situations on Site
- The PM Keeps Asking for Revised Quotations
- How Do We Claim Prolongation Under NEC?
- How Is Disruption Recovered Under NEC?
- Actual Cost Came In Higher Than Our Accepted Quotation
- Actual Cost Was Less Than the Accepted Quotation: Do We Keep It?
How this looks in Contract Status
The quotation date has passed, and the record offers the Project Manager's assessment. See the worked example.
See how this works in practice
Click through Contract Status with sample contracts: raise the notice, reply to it, and watch both sides of one record.
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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.