If the PM accepts the NCE from the Contractor and makes a PMA on the quote and programme provided, is a further PMI required to instruct the works, or does the acceptance of the CE provide the instruction to the Contractor, as the acceptance of the NCE is the agreement to change the scope?
My understanding is that the Works are entitled to proceed following acceptance of the NCE to agree to the proposed change of scope. The quotation assessment period is concurrent to the contractor putting the decision into effect.
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Ahmed, welcome to the community.
It is a bit unclear to me how the Scope or WI has changed without an instruction by the PM (clause 60.1 (1)); unless I’m missing something, all other CEs - which can be notified by the Contractor - do not relate to scope change.
It is sometimes the case that the scope is changed by the PM without a formal instruction (e.g. within the resolutions of a meeting) but this is not good practice, in my view, unless it is promptly followed by a PMI.
Could you please clarify if this is your situation?
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Hi Peter, thanks for your response. To give a bit more context, a PMI was issued to the Contractor to provide a quotation for additional FFE items. The contractor raised an NCE off the back of the PMI and provided a quotation and indicated a programme impact but didnt provide an actual impacted programme. The QS had made a calculation error in their cost build up, so we advised that their quotation was accepted, however it should be revised with the corrected calculation and an impacted programme provided also.
The Contractor is awaiting a further PMI to place orders for the FFE which is what im challenging as it should be required if the NCE was accepted?
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Ahmed, thanks for clarifying.
I note that you say you have issued a PMI to the Contractor “…to provide a quotation for additional FFE items.” That sounds like a proposed instruction (clause 61.2), in which case it should not have been notified as a CE and if the quotation is acceptable it should be followed up by another instruction to proceed - that last one should be accompanied by your (PM’s) notification of a CE (see clause 61.1). Always assuming NEC3 because NEC4 has a whole set of clauses dealing with Proposed Instructions.
If the above is not the case and you have indeed instructed the provision of the additional FFE items, then the instruction should have been put into effect promptly.
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