Hi All,
We are a contractor operating under an NEC4 ECC option A contract. We have had new scope instructed in via a PMI under 14.3 and also a concurrent notification to quote for said PMI under 61.2.
Are there grounds to decline to quote for this scope and do we have grounds to? what is to stop the project manager instructing other trades in to your scope which you are not capable nor willing to handle?
Thanks
Generally clause 27.3 requires you to obey an instruction from the Project Manager which is given in accordance with the contract. A clause 14.3 instruction to change the Scope is a valid instruction and should therefore be obeyed. Clause 61.2 is also a valid instruction to submit a quotation for a compensation event so again it should be obeyed.
There are only two possible reasons for not obeying a valid instruction to change the Scope (1) it requires work which is not covered by the definition of the works in Contract Data part one and (2) it is issued after Completion. If you have concerns about the work you’ve been instructed then you could notify an early warning under clause 15.1 and discuss this with the Project Manager in an early warning meeting.