NEC Option A – Design and Build Basis
The Employers PM has raised a PMI under Clause 61.1 to make a fundamental design change to the WI, with the wording of “proceed with the works”
The instruction included some of the design information about the instructed works but also requested that we complete the design in accordance with the applicable British Standard.
Does this instruction supersede the CL 21.2 Design Acceptance? As he is now suggesting we should have proceeded with completing the works without getting design acceptance as required by the contract?
The PM is suggesting that we are not entitled to the delay caused, even though there was a protracted design period with numerous RFI’s and TQ’s raised and an eventual design acceptance period. He is suggesting we should have proceeded with the works at risk and ignore the design acceptance protocols in order to mitigate delays?