NEC Instruction to complete scoped works

NEC3 and NEC4 Contracts General
1

There have been verbal discussions and disagreements over what is in the scope. The Contractor is refusing to undertake the works as they believe the scope is not in the WI. I (client) don’t believe i should instruct the works as its already in there scope.

To prevent delay i need the contractor to get on with the works. Under which clause would i raise an instruction? Aware under 27.3 he must obey an instruction. If i give an instruction under 14.3 surely that puts me in a worse position as admitting a change to the WI?

I need the Contractor to get on with the works and if they believe its a CE to raise it under 61.3. However they are refusing to complete works without an instruction. Please advice clause which may be suitable for them to get on with (which we believe) is scoped works

NEC Option A

2

You can instruct the work regardless providing it comes under the high level definition of the “works” as stated in the Contract Data. Make sure you use exactly the same words as already in the Works Information so it is not a change.

Therefore, you do not need to notify it as a compensation event as it is not a change. When the Contractor notifies you of a compensation event, you say it is not a compensation event as it is not a change to the Works Information and hence, under 61.4, not one of the compensation events listed.