NEC3 - Option B: The PM makes weekly meeting minutes and sends them to the Contractor via the stated form of communication in the Contract (in this case CEMAR). If the PM records changes, such as a minor change to the order/timing of an activity is this a CE under Cl.60.1.(8) ? Assume the order/timing were not listed in the last accepted programme, this would then constitute “the PM, or Supervisor, changes a decision which he has previously communicated to the Contractor” ?
Minutes of meetings could potentially trigger a compensation event, but they do also risk falling foul of clause 13.7 that requires that notifications are communicated separately from other communications. Thats said if the PM is clearly instructing changes via the minutes and the Contractor is acting on it, the courts might take the view that this works has been instructed correctly and is a CE.
Clause 60.1(8) is normal relevant when a PM issues an instruction and then changes it rather than the scenario you have given. If the PM imposes new constraints on the Contractor regarding the order and timing of the works, this would typically be a change the Works Information under 60.1(1).