We have done some extra work ,i.e more volume than specifced in tender justification letter. Client’ PM insist this is not an CEN as the tender letter is not part of contract document and have not been listed in the contract.
Where can i move from these. (apprently we have several changes!)
If the ‘tender justification letter’ is not referenced in the contract documentation (Contract Data Part 2 for instance) then the entire agreement clause (12.4) may preclude this from being relied upon anyway. The scope should be determined in the Works Information, whether Employer or Contractor provided, which 'baselines this.
To me, this highlights the need to thoroughly peer review the entire contract documentation before the contract is entered into, which should highlight any differences between what you expected to do and what you will be contractually obliged to do.