I wanted to ask for the implications of Clause 32.2, and in particular, the implications of the PM instructing the Contractor to submit a revised programme.
Under my current contract, the interval period for revised programmes is 4 weeks. This is what was stated in Contract Data Part 1 at tender stage and in the signed contract at contract award. At tender, a staff allowance for a planner/programmer would have been made to ensure this contractual requirement is met (i.e. revised programmes to be completed every 4 weeks) + sufficient cost to cover additional time that may be spent serving CE’s and other contractual requirements.
It is understood that the PM may at certain points want to instruct a revised programme earlier than the 4 week interval. However, my query is two-fold.
Firstly, is the sense that under CL32.2 that if the PM instructs the Contractor to submit a revised programme, this in fact must be instructed under a Project Manager Instruction (PMI)? Would this be a CE under CL 60.1(1) as the instruction changes to the WI by altering the period for submitted a revised programme (albeit just the once)?
Further to that, if the PM wanted to continually provide an instruction so that they would receive a revised programme every 2 weeks, is there any recourse for the Contractor to claim extra costs for doubling up on the planners time/attendances to the Contract (given the tender allowance was to provide revised programme every 4 weeks)?
My gut says that because CL 32.2 states the PM must instruct the contractor, this must generate a PMI. My question is really about whether this PMI qualifies as a CE in order that the Contractor claim for the planners additional attendance and time.
Note that if the PM only made this instruction once in a while, the Contractor might choose to assist the PM without raising any concern. However, if the PM’s intention is to continually instruct the Contractor to submit a programme every 2 weeks, the view is they are effectively changing the contract by altering the period from which revised programmes are required from 4 weeks to 2 weeks and I am wondering if the Contractor is able to claim costs against this.