We are using an NEC 3 Term Service Short Contract. The works information includes a program which we are to provide the service against and which we originally tendered to. This program is continually referred to throughout the Works Information as the grounds on which we are supposed to plan our service and resource provision against. The Employer has updated this program several times in the past and we have raised compensation events against the change.
The Employer is now proposing to remove the program from the works information and instruct us with the resources they require as and when. This would mean that we were no longer working to a program, determining our own resource requirements, removing our ability to plan long-term or provide a service, but low service damages (X17) and other penalties such as delay damages, and the cost of remedying a defect would still be applicable.
I know that the Employer can issue an instruction changing the works information, but is it possible to effectively instruct such a drastic change and instruct the provision of certain resources?
What should we do if such a change is instructed?