It depends on whether each request came with reasons. Clause 62.4 lets the Project Manager ask for a revised quotation only after explaining why, so a request with reasons is valid however many rounds have gone by; a request without them is one you can challenge, and you can ask for those reasons first.
NEC3 and NEC4 ECC both set no limit on the number of requests. What decides your next move is the quality of the reasons, and whether another round would change anything. Each valid request also resets the reply clock, so it stops treated acceptance under 62.6 from arising. See our other NEC questions.
What to do with this request
- Note the date. You have three weeks to resubmit under the ECC (62.4), and two under the NEC4 subcontract. Missing it lets the Project Manager assess under 64.1.
- Read the reasons. Are they specific enough for you to act on? If not, ask for them in writing now.
- Change what the reasons justify, and say why you've left everything else alone.
- Submit on time. Include the programme alterations (62.2), so it can't be said the submission is incomplete.
- Ask for a meeting before you send it. Suggest one hour, with both sides' cost people, and the live points only.
- From round three, offer the exit. Say that if the difference can't be narrowed, the Project Manager should assess, and that you'll deal with any remaining disagreement through the contract route.
Good reasons and poor ones
| Reason given | How to read it |
|---|---|
| "The crane hire is 14 weeks; your programme shows 9" | Valid and specific. Fix or explain it |
| "Your rates aren't supported. Please send invoices" | Valid if the records weren't sent. Note that the contract asks for details of your assessment (62.2) |
| "The Client wants a different method" | Clause 62.1 points to a discussion and to alternative quotations. Ask whether that's what's being instructed |
| "Too high" or "the Client won't pay that" | No detail to act on. Ask which item and why. Budget isn't a test under clause 63 |
| "Please price it again at a lower figure" | That's a negotiating position. It may be the moment for an assessment |
| Nothing at all | 62.4 hasn't been followed. Ask for the reasons, and don't ignore the request |
The guide to revised quotations goes further into which reply suits which situation.
Who pays for all this?
The contract has no separate payment for re-quoting. Under NEC3 Options A and B, Defined Cost is defined to leave out the cost of preparing quotations, so it isn't recoverable in the assessment. The NEC4 subcontract text doesn't include those words, so read your NEC4 Defined Cost definition and your schedule before you add an item. Costs outside Defined Cost are treated as covered by the Fee (52.1). Under cost-based Options, your commercial team's time might be part of what you're paid, if it's in the schedule. See what counts as Defined Cost.
A note to send on the third round
What's likely to come back
A Project Manager may have good reasons for another round: an incomplete submission, or a Client decision that's still pending. It may be cautious about making an assessment that will later be challenged. And it may be under internal pressure to hold the figure down. An honest question on the phone often tells you which. Where a Client decision is the real delay, it may be better to agree a new date under 62.5 for its reply, so everyone knows where they stand.
Contract and practice
The contract says the Project Manager can ask, with reasons, and that you resubmit. It gives no number of rounds. It does ask both sides to work with mutual trust and co-operation (10.2 in NEC4; 10.1 in NEC3), which is worth quoting when a process has stopped being useful, though it isn't a remedy. If requests continue with no real reasons, that's a matter you can raise as a dispute. See dispute avoidance for ways to raise it without escalating too soon.
Related guides
- NEC Questions Answered: Real Situations on Site
- How Do We Claim Prolongation Under NEC?
- How Is Disruption Recovered Under NEC?
- Can We Submit One Global Claim for Everything?
- Actual Cost Was Less Than the Accepted Quotation: Do We Keep It?
- The Contractor Has Not Submitted a Quotation: What Can the PM Do?
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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.