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Answered: NEC3 ECC: Who pays for preparing "Proposed Instructions"

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The general principle of cost of preparing quotations is that for options A&B the cost of preparing the quotations is expressly excluded and therefore Contractors cost. However, if a Contractor is regularly asked to do quotes that don’t go ahead or for large elements of works then a Contractor might be tempted to not spend long on it and just add loads of risk. The guidance notes point out that if there are lots of small quotes or one large one then the project Manager MAY pay the Contractor to provide quotes (but equally May not!) I am not convinced this is right or encourages the correct behaviors that the contract generally encourages but that is what the contract says.

As a point of note it is not excluded for options C-F so is able to be included within the quotation and will for option C/D will raise the total of the Prices. However, if a proposed one does not go ahead then the total of the Prices will not change so the Contractor will be paid for the quotation but it will eat into their own gainshare.

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