A little background.
As part of our tender, the licenses required for the works to proceed were the client’s responsibility. We were sent the licenses on the day we were due to start on site.
Fast forward 5 weeks and we get a visit from an inspector of the statutory body who informs us that the license we have been given is invalid and not on their system. We are told to stop our works until such time as we have a valid license in place. I promptly call the project manager and inform him of this and follow it up with an NCE as the license is not our responsibility.
The project manager’s response to the NCE was to instruct us to continue working as in his eyes the problem lies with the statutory body and not with them. We subsequently refuse to accept the instruction as it is in direct violation of the instruction by the statutory body and unlawful in our eyes.
Firstly, is the project manager in his power to instruct us to continue working?
Secondly, is the project manager in his power to instruct us to continue with an unlawful operation?
Thirdly, the project manager has not accepted or rejected the NCE. All he has done is give us an instruction to continue.