I note that the boundaries of the site (italic) is defined in the contract data and the PM is not entitled to change it.
The Site is the area within the boundaries of the site (italic). The Site is not defined in the contract data. Can the PM give instruction to change the Site for Providing the Works?
In an NEC contract, the “site” is the specific geographical location where the Contract Works are to be carried out, defined by the Employer in Contract Data Part One, often through an accompanying drawing. This definition is crucial as it establishes the primary area of the project and can affect the interpretation of physical conditions and the scope of the contractor’s responsibilities and payment for associated costs.
If you have signed up to a contract with no defined Site in the Contract Data, the PM is now obliged to clarify the error, so he has to issue and instruction to define the site.
That instruction is a change to the Scope but will only be a Compensation event if the contractor can prove it effects his defined cost. If the new defined site results in some of the works now not being possible (lack of access) then the PM will have to issue further instructions.
Dear jpgarvin, thank you for your reply.
Can the PM instruct the Contractor to carry out additional works which is outside the Site?
Yes. Provided he first issues an instruction to change the site, which is a change to the Scope and a compensation event.
He then has to instruct the additional work, which is a change to the scope and a compensation event also.
thank you for your reply