The Contractor is proposing a form of construction that the PM considers is prohibited within the Works Information - prohibited in that the WI specifically stipulates a couple of options in terms of acceptable forms of construction (the Contractors proposal is not one of these but is a generally accepted form of construction in design standards referred to in the WI). Neither the PM or Contractor have specifically notified under Cl. 17.1, but the matter has been discussed at length and is the subject of communications between the two.
In essence both PM & Contractor consider the WI support their positions. If the PM were to issue an instruction specifically prohibiting the form of construction proposed by the Contractor, must he at the same time instruct a quotation? The Contractor would still be able to notify under Cl. 61.3 of his belief of a CE.
Does the fact that the PM has had to issue an instruction weaken their position that the WI is unambiguous?
The Contractor WI submitted at tender did not show the form of construction he is now proposing.