NEC ECC: Provision of equipment an Employers Risk or Contractors?

In the Works Information we are obliged to control the level of a reservoir but have been told that it can be done using the existing pipework. Another document appended to the WI then goes on to say that a pump maybe required. We have assumed that the level could be controlled as stated by the existing pipework and have asked for an instruction to provide a pump. Our opinion is that this is a change to the WI and as such the PM should notify a CE. The PM is trying to claim that the provision and servicing of the pump would a Contractor’s Risk.
The provision of the pump is not listed under the additional CEs.

The requirement is what is stated in the Works Information. It sounds like there have been discussions on how you actually fulfil this, but unless these change the requirement in the Works Information then it is difficult to see how it can be a CE.

Easy to say in hindsight but it shows the importance of defining the allocation of responsibility of the parties and formally including this in the contract documentation.