When using the NEC3 Engineering and Construction Contract (ECC) is a contractor allowed to revise a compensation event quotation after the 3 week deadline if they have missed something? Also, if they have been asked to substantiate a cost for something and in doing so realise they have made an error with a quantity in the quotation, are they entitled to change it after the 3 week deadline?
Answer
If the contractor has not submitted a quotation for a compensation event within the 3 week deadline, then the default falls to the project manager to assess under ECC clause 64.1. The project manager assesses this as if he or she were the contractor, using exactly the same provisions of the contract, and have the same period of 3 weeks after the contractor had.
If the project manager had received the quotation and asked for further information (as provided for in clause 13.4), then strictly this all needs to be done within the 3 weeks, unless both the project manager and contractor agreed to the extension before the submission is due. An alternative is to reply within 2 weeks of receiving the submission, then ask for a revised quotation, the revisions possibly not relating to time or money but instead to details.
Whichever of the routes is taken, if an error in quantities in the quotation becomes apparent, then this should be corrected by either the contractor when submitting a revised quotation, or by the project manager if he or she decides not to instruct the submission of a revised quotation but to assess it directly (due to one of the clause 64.1 reasons).
Either way, there is nowhere in ECC that says the contractor stands by an arithmetical or other error if it is spotted before implementation and all other timescales are adhered to.
