We raised a cen against 60.1(1) due to change in works information - Client specified a drainage material that was different to contract drgs which increased cost. Never received formal or informal instruction, but agreed informally in discussions at progress meeting (no notes in meeting minutes other than comments of material approved)
We have an amended clause 61.3 deleting the wording in absence of pm instruction subcontractor can raise ce. Wording remains around 20 days to notify.
I don’t have nec4 guidance notes or much experience of nec4 but always under impression 60.1(1) wasn’t time barred.
Client believes because we never notified a CEN within 20 days and the omission pm instruction wording within 61.3 we’re not entitled to cost.
Any advice? Other clauses to check wording?