You correctly state that under 61.2 the Contractor does not proceed with the proposed instruction.
To clarify, when the Contractor submits a quotation (under both 61.1 and 61.2) the procedure moves to 62.3. Here the PM has to reply in one of 4 ways:
- Instruct a revised quote
- Acceptance of the quote
- Notification that a proposed instruction or decision will not be made
- Pm notify that he will make his own assessment.
These are your only contractual options available. Note that from the outset the PM doesn’t automatically assess the event or quotation. It is the Contractor who assesses the event and submits his quotation. Only if the PM are not satisfied with his quotation, does he notify under 62.3 that he will make your own assessment, which then moves to clause 64.1.
Taking the above into consideration, the Contractor can only proceed with a 61.2 proposed instruction once the PM gives the 62.3 acceptance. Until then, the Contractor should not proceed.
There is no mechanism in the contract that convert a 61.2 to a 61.1 scenario and vice versa.
One should avoid trying to use the procedures to create some tactical chess game with quotations by delaying acceptance to try and monitor the situation, etc.
Clause 62.3 gives the 4 options for the PM to reply to the Contractor and if the compensation event quotation was instructed under 61.2, the Contractor may only proceed on the PM’s acceptance.
Now, should the PM only give an instruction to the Contractor to proceed with the same work that was proposed under the original 61.2 proposed quote, it would constitute a new instruction under 61.1 and hence create a new compensation event under 61.1. The Contractor is then required to submit a new quotation (albeit this quote may look the same as the previous one) and the PM is obliged to proceed with that quotation under 62.3 (four options).
This will also obviate the first quote or at the very least create quite a dilemma on how to proceed further. I’m merely using the scenario to indicate the “chess game” scenario that probably only ends in frustration.
61.1 - Contractor quotes and does the work
61.2 - Contractor quotes:
waits for PM acceptance of first quote or revised quote,
PM’s own assessment, or
that Contractor doesn’t proceed at all.