How to Configure Deemed Acceptance

This article is a guide for the FastDraft Admin Users with instructions on how to configure deemed acceptance.

This guide contains the following:

• Introduction
• How to configure
  • Global Resources
  • Workflows

Introduction

Deemed acceptance refers to the provisions within NEC contracts where a notification of a compensation event, quotation or programme is treated as accepted due to a lack of a response from the recipient. 

How to configure

Global Resources

Go to the Contract Template

Go to Global Resources

From the dropdown, add the following resources:

• CEN_DEEMED_ACCEPTANCE
• CEN_DEEMED_ACCEPTANCE_STARTS
• PROG_DEEMED_ACCEPTANCE
• PROG_DEEMED_ACCEPTANCE_STARTS
• QUOTE_DEEMED_ACCEPTANCE
• QUOTE_DEEMED_ACCEPTANCE_STARTS

You'll see that they all come with a default timeline of 14 days, and 'Off'. 

For reference - 

CEN_DEEMED_ACCEPTANCE refers to the Deemed Acceptance of a Contractor Compensation Event if the Project Manager has not replied within the stated timeline.

PROG_DEEMED_ACCEPTANCE refers to the Deemed Acceptance of a Contractor Programme if the Project Manager has not replied within the stated timeline.

QUOTE_DEEMED_ACCEPTANCE referes to the Deemed Acceptance of a Contractor Compensation Event Quote if the Project Manager has not replied within the stated timeline.

Most NEC contracts state this timeline to be 2 weeks, which is why each resource by default comes with a 14 day deadline, but you may want to change this, so it can be updated the same way you would update other time-related Global Resources.

Each _STARTS resource needs to be switched either to IMMEDIATELY or RELATED_NOTICE for it to work.

Switching it to IMMEDIATELY means that the timer for a CE/Programme/CE Quote to be deemed accepted starts as soon as it is communicated, whereas switching it to RELATED_NOTICE means that the timer starts when a Notification using a specially configured clause is communicated. 

Workflows

The next step is to go to the Workflows tab

Then go to Notifications > Placeholders > SupplierClauses

There are three clauses you need to configure:

• 31.3 of a failure by the Project Manager to notify acceptance or non acceptance of a programme
• 61.4 of a failure by the Project Manager to respond to a compensation event notification
• 62.6 of a failure by the Project Manager to respond to a quotation

For 31.3...

Under Effect/Action, select PROG_DEEMED_START_INTERVAL

For 61.4...

Under Effect/Action, select CEN_DEEM_START_INTERVAL

For 62.6...

Under Effect/Action, select DEEM_START_INTERVAL

(To clarify, DEEM_START_INTERVAL does not refer to CE Quotes because it was the first Deemed Acceptance placeholder that was created so, at the time, there was nothing to differentiate it from)

Once this has been done, when a Contractor raises a Notification using any of those clauses it will trigger the Deemed Acceptance period.

However it is important to communicate with all users that deemed acceptance will only take place if they raise these Notifications using the Create Related button from the Programme/CE/CE Quote which they want to trigger Deemed Acceptance for - otherwise the system has no way of knowing which CE this notice relates to!

Default Settings

Based on the standard (unamended) terms and conditions, our latest default templates have been updated to incorporate deemed acceptance as follows: