Working to latest Instruction

We are a S/C working on a project under the MC standard terms, the MC is JCT 2016 SBC with amendments. The best way to ask the question is by showing the timeline of events.

10.09.19 – S/C submits Pipework Core C Drawing showing pipework internally.

14.10.19 – S/C receive approval of Pipework Core C Drawing.

28.10.19 – S/C issue Mechanical Floor Layout which shows the in the original location ((this drawing is not specific to this riser and shows all services in layout).

30.10.19 - MC Meeting Minutes – Item 24 states that riser C works at standstill awaiting design for support steel and then cutting of holes for services. Works should have commenced in October 2019. This will have major impact on programme.

13.11.19 – MC Meeting Minutes – Item 22 pipework routing modified. Sketch required from Consultant.

21.11.19 – MC Issues instruction – the instruction states, Confirmation that you are to work to attached consultants drawings for Riser C Typical Details Rev C2 as per attached document Issue Sheet dated
18.11.19 (the consultants C2 drawing attached to the instruction shows pipework installed externally).

23.12.19 – S/C issues their Core C Drawing rev C2 incorporating the changes made via instruction and consultants drawings issued on the 21.11.19 with pipework installed externally.

17.02.20 – S/C 2 week look ahead & progress schedule issued with the S/C progress report on the 28.02.20. Item 3 states – Pipework installed ground to level 17. Awaiting Builders work holes on ground and 18th Works on hold. At this stage the pipework is installed.

26.02.20 – Consultant approves S/C preliminary drawing issued on the 28.10.19 which is based upon original scheme with Condenser Water Installed internally (this drawing is not specific to this riser and shows all services in layout).

14.07.20 – MC advise S/C that the client has advised that the Pipework has been incorrectly installed and cannot be installed externally due to planning. The clients view is that S/C proceeded without an approval of their drawing.

31.07.20 – S/C receives instruction to remove externally installed pipework and install internally. Instruction is worded to suggest that S/C are rectifying their error.

Can you advise where we stand with this contractually. It is our opinion that we have worked to the latest instruction, we amended our specific drawing rev C2 incorporating the changes shown on the instruction and issued it as our working drawing and diligently proceeded with the works.

I would say that you should not proceed to comply with the instruction based upon it being issued because of your error. The timeline that you have set out is quite complicated and would really need someone to look at the various communications that you have set out in your question. Absent a better understanding of the facts and access to the documents to which you refer I am of the view that it would not be sensible to give you a specific answer to this question.

1 Like

Thank you for your response Mike.