A new section of work was instructed to Contractor by the Project manager.
The Contractor is new build another unit in a section of land next to the site, of which the Project Manager does not currently have access to.
There were no dates in the PMI. The Contractor has raised EWN’s regarding this as procurement and construction is currently at risk due to programme uncertainty. The Contractor was told to work to X date in the risk reduction meeting.
The Contractor has input the new section of work into their clause 32 programme, which the Project Manager has accepted.
5 months on the Project Manager has issued a communication telling the Contractor to work to the following “indicative” dates.
The Contractor has requested for a PMI, however the Contractor has declined, stating that they do not need to instruct dates as the new section of works do not have their own Access Date.
The Contractor has then raised a Compensation Event, regarding the dates in the communication, stating that this moves the programme by 2 years, however this has also now been rejected due to there is no effect to the critical path.
Should the Project Manager be instructing a significant change to the programme, even is it’s not a formal Access Data?
Is the Contractor not entitled to a CE as the resource loading of the project with be significantly affected by the programme changes?