Works are progressing as part of a renovation project under a ECC Contract – Option B.
It transpires that the original design is not suitable because of elements uncovered during the course of the works. The PM has issued an instruction to correct his design so the project can be completed including the wording "this is a compensation event, please give me a quotation under clause 61.1.
The amended works are critical to the programme and if they are not started the programme will slip, whereby the client will be unable to take possession of the building.
Unfortunately the Contractor is refusing to start the works until the PM has accepted their quotation. The Contractor is also taking the allowed time to return a quotation. This is effectively delaying the works. Ordinarily, the timescales for returning a quotation do not cause a problem, however in this case it is delaying the whole scheme.
When does a Contractor have to start instructed works, can they delay until a quotation is accepted?