Period for reply
NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration between the contractor and client. The third edition, NEC3 was published in 2005.
Many clauses within the NEC suite of contracts establish a period within which a task must be completed by referring to defined dates such as the ‘completion date’, the ‘defects date’, and so on. Some clauses establish a period within which one of the parties must respond to a communication from the other, such as the period for the submission of quotations for compensation events, acceptance of the programme and so on. However, where no such period has been prescribed, then the ‘period for reply’ applies.
The Engineering Construction Contract (ECC) states that:
‘If this contract requires the project manager, the supervisor, or the contractor to reply to a communication, unless otherwise stated in this contract, he or she replies within the period for reply.’
The period for reply is set out in the contract data part one, completed by the employer, and replies to communications must be made within that period, unless another period is stated in the contract. Where a specific time limit is defined within the contract for a particular reply then this will take precedence over the period for reply.
If the project manager fails to reply to a communication within the period for reply, this may constitute a compensation event. If the contractor fails to reply to a communication, then an adjustment may be made to the next payment reflecting the cost to the employer.
An exception to this is where the project manager and contractor agree to an extension before the reply is due.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Articles of agreement.
- Compensation event.
- Contract conditions.
- Defects.
- Delay damages.
- Disallowed cost.
- Extension of time.
- Key dates.
- NEC3.
- NEC contract change management systems.
- NEC early contractor involvement.
- Procurement route.
- Time Risk Allowance TRA.
- Variations.
- Z clauses.
[edit] External references
- ‘The New Engineering Contract: A Legal Commentary’, McINNIS, A., Thomas Telford (2001)
Featured articles and news
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.
Comments