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NEC ECC: Project Manager's instructions without drawings

+1 vote
We have received a number of instructions of late without revised drawings, this being due to the Project Manager unable to  amend the latest drawings within the required time frame , however we have been instructed to proceed based on a verbal depiction of the changes, we are able to proceed with the works on this basis however are we actually obligated to and in terms of the time impact, will this be from when we receive the revised drawings or when we actually commence the works ?
asked Oct 18, 2017 in Compensation Events by David Roche (960 points)  

3 Answers

+1 vote
Best answer
I agreed that you should ask for formal confirmation of all the instruction given by the Project Manager and ask for the list of assumptions to be considered for the CE due to the instructed change in design/drawings.

If upon formal receipt of the revised drawings and deviation from the assumptions given by the PM is observed, then you can reassess the CE. This is in accordance with Sub-Clause 61.6.
answered Oct 23, 2017 by Roger Blando (1,260 points)  
selected Mar 1, 2018 by Glenn Hide
0 votes
I would suggest that you confirm the verbal depiction of changes in writing to the PM.  That will record a baseline for the scope of the instruction so that when the revised drawings are formally issued you can check them to ensure they accord with what has been confirmed.  If there are further changes from what has been baselined then this will constitute a further compensation event, which you should then notify to the PM.
answered Oct 18, 2017 by Andrew W-I Panel Member (27,560 points)  
0 votes
Each instruction would constitute a CE and I would agree that you should record your understanding of the changes back to the Project Manager.

Contractually, I would argue that since any communication needs to be "in a form which can be read, copied and recorded" (Clause 13.1) then any further communication in the form of digital or hard copy drawings would be a change to the Works Information.  You would, therefore, be entitled to a further CE (Clause 60.1(1)) should there be a difference between your intitial understanding and the final details once they are provided that results in a further change to time and/or cost.
answered Oct 19, 2017 by Brian (910 points)