Long story short, we are a subcontractor who disagrees with the type of PM instruction which was issued to us to proceed with the works at no cost even though we already made our case clear and it was clearly highlighted this item or work was excluded. The PM issued the instruction on the back of our comms instructing to proceed with the works.
Can a subcontractor refuse an instruction of this nature and get the PM to revise his instruction to “proceed but with quote to follow” or is the only recourse to proceed and notify that we believe this to be a compensation event?
The change in the Prices for a CE is a forecast of the actual cost, unless work has been carried out prior to the instruction where those costs can be evaluated from records.
The instruction given that states the cost is nil, is not issued in accordance with the contract, unless agreement has been reached between the contractor and PM and in this case, it would be sensible to attach evidence of the agreement made.
The PM appears to be attempting to amend the contract, without agreement and sign up by all parties this has been agreed.
A communication needs to go to the PM that the instruction isn’t as required by the contract.