Check the reason first: if the PM rejects your design because it doesn't comply with the Scope or the applicable law, or because more information is needed, you correct it and resubmit at your own cost. If the reason is anything else, withholding acceptance is a compensation event under 60.1(9).
Either way you hold the work until acceptance comes. These rules are the same for NEC4 ECC and NEC3 under clauses 21.2, 13.4 and 60.1(9). They are part of our NEC questions answered, and the guide to Contractor design explains the wider rules.
What to do now, with the clocks
- Note the date of the rejection. Two periods start from it. The first is resubmission within the period for reply in the Contract Data (13.4). The second is eight weeks to notify an event once you are aware of it (61.3).
- Don't start the affected work. 21.2 holds back the work until the design is accepted. Building it anyway leaves you exposed if it has to change.
- Sort the reasons. Use the table below. One reply may hold several, some valid and some not.
- Reply in writing. Resubmit, ask for clearer reasons, or notify, or do all three in separate communications. Reasons have to be detailed enough to let you correct the matter (NEC4 13.4).
- Warn if time is at risk. Give an early warning under 15.1 (NEC3 16.1) and update your programme.
Sorting the reason you were given
| What the PM said | Valid reason? | What follows |
|---|---|---|
| It doesn't meet Scope section [x] | Yes, if it's right. Check the section | Correct and resubmit. No event |
| It doesn't comply with a stated law or regulation | Yes, if it's right | Correct and resubmit. No event |
| We can't assess it without [calculation, survey] | Yes (13.4) | Send what is reasonably needed |
| "The Client prefers another solution" | No | 60.1(9), or ask for an instruction changing the Scope |
| "It's too expensive to maintain", with no Scope requirement | No | 60.1(9). The Client can change the Scope if it wants that outcome |
| Marked up with a list of changes, without saying why | Unclear | Ask which reason in 21.2 applies to each comment |
| Nothing has come back | Different problem | 60.1(6), once the period for reply has passed |
| Accepted last month, now withdrawn | Different problem | 60.1(8) |
The contract position against the practical one
The contract says the test is compliance. It doesn't ask whether the PM likes the design, or whether a better one is possible. If the PM really wants something different, the proper tool is an instruction under 14.3, which is a compensation event under 60.1(1).
In practice, you may want to make the change just to keep moving. Do it by recording your position first: say that you are revising the design to avoid delay, that you consider the reason outside 21.2, and that you are notifying under 60.1(9). If you quietly amend and resubmit, the change starts to look like your own decision, and 60.1(1) excludes changes to your design made at your request.
Also check your submission against what the Scope asks for. A package missing a required calculation gives the PM a good reason, however thin the comment.
Sample reply
A short worked example
A fictional Option A school extension, with illustrative dates. The Contractor designs a steel roof, and the Scope sets loads and a fire rating. The PM refuses it, saying the Client's estates team prefers timber. On day 3, the Contractor asks which Scope requirement isn't met. On day 6, the PM accepts there is none, but says that timber is still wanted. The PM then issues a proposed instruction, and the timber roof is priced before anyone commits. Had the Contractor simply redrawn it in timber, it would have had a harder job recovering the cost.
What the PM is likely to say
- "It's only a comment; we haven't refused it." Ask for a clear reply. It is either acceptance or a statement of reasons.
- "The Scope requires good practice." Ask what a general phrase requires in this case, and what you've missed.
- "Your design was incomplete." If that's right, the resubmission is on you. See how acceptance affects your design liability too, because getting a design past the PM doesn't end your responsibility for it.
Related guides
- NEC Questions Answered: Real Situations on Site
- Does PM Acceptance Remove Our Design Responsibility?
- Can a Main Contractor Pay Only When It Has Been Paid?
- We Disagree With the Final Assessment
- New Regulations Mean Extra Work: Who Pays?
- Our Permit Has Been Delayed: Who Takes the Risk?
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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.