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NEC3 ECC: Instructions issued under Project Manager's name

+1 vote
Communication is being sent on behalf of the PM by numerous undelegated personnel from the client but it is signed with PM name and not on behalf of the PM, is this allowed under NEC3  and if not what is the ramification or consequence of this act if proved by the Contractor?
asked Mar 31, 2015 in General by anonymous   11 63 89

1 Answer

+1 vote
Best answer
This is not allowed under the NEC3.

The Contractor should not be obey instructions etc from these personnel if they have reasonable grounds to believe that they are not coming from the  named Project Manager or those propoerly delegated in accordance with clause 14.2.

If the Contractor recieves such a communication, I suggest he :
a. does not follow it;
b. notify as an early warning the Project Manager - copying in the Employer perhaps - of their belief and that they would be in breach of contract if they followed such an instruction. Consequently, request that the PM instructs in accordance with the contract or delegates the relevant person the powers under clause 14.2.
answered Mar 31, 2015 by Jon Broome Panel Member (60,890 points)  
Jon points are absolutely correct and a very common problem. At project start up any delegations of the PM or Supervisor actions need to be clearly delegated and notified to the Contractor.