This question has been asked a number of different ways and I would like to ask it this way if I may.
The Contractor is notifying the Project Manager of numerous Compensation Events which are changes to the Works Information. These Events are happening during design discussion / progress meetings where we the Contractor are being ‘helpful’ rather than following correct procedure. The PM, being quite stretched is not notifying these events under 14.3 but instead, requesting us to raise CE’s.
The Contractor (I) is notifying these events, they are accepted as CE’s, the quotation is provided and subsequently implemented. But at no point is clause 14.3 instruction raised.
Note: We are using an Online system (Similar to CEMAR).
My question is, should I be asking my Client, after implementation of the quote, to raise a 14.3 Project Manager’s Instruction to change the Works Information ?
Clause 14.3 provides the Project Manager with the ‘authority’ to instruct a change to the Works Information (or a Key Date), which is a compensation event (although note the exceptions at clause 60.1 (1)).
Ideally, every change to the Works Information should be recorded as a ‘configuration control’ exercise and linked to a contractual procedure to provide evidence of contractual authority. That way the ‘final scope’ of the Works Information will be clear so that the procedures under the contract which are linked to the Works Information, such as Completion and Defects, can be administered ‘simply’.
In your situation there are changes to the Works Information although it is not clear whether you have design responsibility under the contract, which could change the way in which some changes are administered. Assuming you have no design responsibility, then any such changes should be instructed by the PM under 14.3, notified as a CE under 61.1 and instructs the submission of quotations under 61.1.
If the clause 14.3 part has not been fulfilled then the matter is, technically, not a compensation event as the Works Information has not actually changed. Consequently, you could argue that the PM does not have authority to instruct the submission of quotations, so you do not have to comply with such an instruction.
In reality, however, this situation frequently occurs and I would remind the PM that you require clause 14.3 instructions, not least to be able to clearly evidence that Completion has occurred.
Just to add, an online contract administration system should ‘force’ you to be contractually compliant. If it doesn’t then the online system needs to be amended. otherwise it is not ‘fit for purpose’.
I add to Andrew’s answer: you are in breach of contract if you do something different to that in the Works Information … and only the Project Manager can change the Works Information by issuing an instruction under clause 14.3.
In cases like these - where you have a PM who does not change the Works Information after an agreement has been reached or let’s designers dump drawings on them with no instruction - I advise my contractor clients to carry on with the original Works Information, but to give an early warning basically saying I am not changing what I am doing until you give me an instruction (as I would be in breach of contract) and the longer you take to give me the instruction, the more it is going to cost you.
Sounds harsh, but when the PM then turns round and wants you uninstall what ws never instructed, then that’s even harsher !
On a similar vein, is a clause 14.3 PMI required if the PM issues a CE as clause 61.1?