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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC ECS: Under NEC3 ECS, can a Contractor communicate change to a Subcontractor on a response to a Technical Query?

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I think this turns on the phraseology used in that response to your TQ. If it can be 'reasonably' construed as an instruction from the Contractor to do the work as per the new specification. But what that 'reasonable' looks like in practice is subjective, hence why you want to be administrating the contract as written.

So TQs in future should be 'early  warning notifications' perhaps with a sub-categorisation of a TQ ... . And if you are not sure whether something is an instruction or not, early warn for clarification and if they confirm it is an instruction changing the Works Information and the Contractor does not notify as a compensation event, then you do so.

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