NEC ECSS: Additional Works - can they be refused?

Under NEC4 short form sub contract can a subcontractor refuse to undertake additional works which the main contractor wants completed? The sub contractor may not want to undertake the works as they have no interest in managing the additional works and increasing their financial exposure incurred through late payments from the M/C.

It depends if what they are instructing you to do is covered by the definition of the ‘works’ (in italics) in the Contract Data. For example, if the subcontract works was to do ‘ground related to X project’ and they now want you to build walls, then the is outside the scope (in the legal sense, not ‘Scope’ with a capital ‘S’ of NEC4) of the works.