Our contract is the NEC3 Option B contract with an agreed BoQ, high volume, medium value works. We receive a WO, plan and BoQ prepared by PM, we very rarely have any input on the BoQ until we receive from PM.
Due to the types of works carried out the BoQ’s are usually incorrect for the scope of works and also usually additional works are encountered.
We currently issue EWN via phone and PM issues an instruction verbally to carry on as we propose to do the additional works. We then submit a CVI to PM to which we receive neither an acceptance or rejection.
The works will be completed as requested and no issue will be raised with the practical works.
At this point, works have been carried out as instructed, AFP submitted and the PM will then contest our costs or quantities.
To minimise the costs to ourselves, would we be correct in stopping works, if no other works could be progressed onsite until the PM gives written instruction and charge for this non productive time?
If the above is incorrect, would be correct then in submitting an EWN, then CVI once verbal instruction has been given by PM and if no response then to submit a CE stating that no quotation has been instructed or requested by PM and the submit AFP