A contractor issued a Proposed Instruction for Acceleration to a sub-contractor working under a NEC3 Option B sub-contract, requesting quotations for various working patterns outside of the contract hours. The Contractor has rejected the quotations and has chosen instead to instruct overtime via various PMI’s for Weekend Working and the inclusion of a Nightshift. There is at present no accepted program and therefore is no demonstrable movement (bringing forward) of any key dates. The contract contains agreed rates for overtime working.
The key concern here is that by instructing overtime of such a magnitude, the contractor is effectively accelerating and will incur loss of productivity, thickening of prelims and other various risk factors that come with accelerating the works. However, the premium time rates contained within the contract do not allow for such factors.
My question on the above is two fold; Can the PM instruct overtime working not classing it as acceleration? and if so does this have to be costed on a reimbursable basis using the overtime rates as a multiplier for actual hours worked or can it be calculated as fixed price CE?