ReachBack is a free community helpdesk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.
Here is a selection of the questions on Project Manager's Instructions and other types of Instructions that have previously been answered on our community helpdesk:-
Sep '19 - To ensure I have correctly understood the use of Clauses 61.1 and 61.2 in NEC3 Option B: I have two scenarios on a current project: I would like the Contractor to proceed with works immediately and want to instruct the works I would like the Contractor to provide a quotation for consideration bef...
Oct '12 - The Project Manager has instructed the Contractor to stop or not start working, and has not instructed the Contractor to re-start work within thirteen weeks. The instruction did not arise from a fault from the Contractor or the Employer. Is either Party entitled to terminate the contract?
NEC3 ECC option A: PMI instructing us to continue working against statutory body instruction to stop
Aug '20 - A little background. As part of our tender, the licenses required for the works to proceed were the client’s responsibility. We were sent the licenses on the day we were due to start on site. Fast forward 5 weeks and we get a visit from an inspector of the statutory body who informs us that the l...
Jul '17 - On an ECC Option C Employer-designed contract, the Project Manager instructs the Contractor to stop work on a part of the works as, following instructions from the Employer, the Employer’s designer is looking at the implications of a design change. All are keen to avoid any abortive costs if at all poss...
Jan '15 - For the Contractor to be issuing a notification of a CE in the first place, there should already be an instruction in place to be changing the Works Information, or it is for an event that has already happened that does not need an instruction e.g. weather event under 60.1(13). What often happens...
Jan '19 - The instruction to stop, or not to start, any work is given by the Project Manager and should be accompanied with details of the reasons why the instruction is given, not least to allow the consequent procedures under the contract to be administered correctly, including the CE procedure under cla...
Nov '15 - I think you have answered your own question here. You rightly say that the PM response can be to instruct a revised quotation. The word there was instruct, not notify. I think your question here is more a case of “what piece of paper should they be using to confirm this” i.e. if you have separate...
Oct '12 - The Contractor has terminated because the Project Manager has instructed him to stop/not start any substantial work or all work and has not given an instruction to re-start within thirteen weeks. The instruction did not arise due to a default by the Employer or Contractor. What is the amount due?
Oct '12 - The Contractor has terminated because the Project Manager has instructed him to stop/not start any substantial work or all work and has not given an instruction to re-start within thirteen weeks. The instruction did not arise due to a default by the Employer or Contractor. What is the termination...
Feb '19 - Termination is a right not an obligation, so there would be nothing to stop you from agreeing to extend the period of suspension of the works. The right to terminate also only actually applies, under clause 91.6, where the suspension relates to ‘substantial’ work, whatever that means. As the matt...
May '15 - Clause 61.1 confirms that for CE’s arising from a PM issuing an instruction that changes the Works Information, the PM should notify that this is a compensation event and instruct the Contractor to provide a quotation. This should be done at the same time as giving the instruction. Furthermore, i...
Oct '12 - If the Project Manager has instructed the Contractor to stop or not start working because of a fault of the Employer and has not instructed the Contractor to re-start work within thirteen weeks, then the Contractor is entitled to terminate the contract (see Clause 91.6 R19).
Oct '12 - What happens if the Project Manager has instructed the Contractor to stop or not start working, because of a fault of the Contractor, and has not instructed the Contractor to re-start work within thirteen weeks?
Oct '19 - If an email is issued from the Project Manager clearly stating it is an instruction (or notification etc) is this sufficient to be taken as being in writing (Clause 13)?
Oct '19 - I wanted to ask for the implications of Clause 32.2, and in particular, the implications of the PM instructing the Contractor to submit a revised programme. Under my current contract, the interval period for revised programmes is 4 weeks. This is what was stated in Contract Data Part 1 at tender ...
Sep '16 - No! There is no where in the contract that allows for this recovery (unfortunately). However, too many of these will mean you spend less time on them and they include more risk, so not in an Employers interest to load you with lots of unlikely events.
Nov '14 - ...raised to allow the Parties to discuss the potential affects of future issues and see if they can be avoided or at least minimised. Project Managers instructions – these are not instantly compensation events, unless the Project Manager clearly state that they are one and request the quotation within the instru...
May '20 - Apologies in advance as given current circumstances I do not have a full suite of NEC documents to hand but my question is concerning clause 63.1. I am currently working on an D & B NEC3 Option A contract and note the difference in wording from previous additions, namely the removal of “date when...
Oct '15 - 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 quot...
Feb '20 - Question is relating to the time associated with instructions; NEC3 Option A The project is a swimming pool refurbishment, an existing redundant pipe is being brought back into use after concerns the original desig...
Sep '18 - ...etail in the quotation - as a (Sub)contractor, I would argue that any acceptance is out of time and not valid. (Note : in NEC4, the issue of proposed instructions has been significantly tidied up in terms of reducing contractual loose ends - see clause 65) So you start again, either instructing the works as a c...
Oct '17 - ...ding instruction to submit a quotation. The scope of works should be treated as a ‘configuration control exercise’ with contractual notifications and instructions providing a clear auditable trail linking to all the changes from the tendered baseline. The Contractor is obliged to administer the contract in acco...
25d - The contract does not give the PM discretion over whether or not they issue an instruction i.e. clause 19.1 does not say “may give an instruction”. I’m not sure why there was uncertainty surrounding contractual procedure, clause 19.1 is very clear about what needed to be done, as are the compensa...
Jul '20 - Thank you for answering Rob, however it appears that I have not provided enough detail for you to answer in the way I had perceived the answer to be; it does not concern the legitimacy of the rate itself but the time of which it should have been instructed and possibly by whom in order to determi...
Aug '19 - The instruction to stop/start works is a compensation event under 60.1 (4) as you have said. If the reason why the instruction was given is due to a fault by the Contractor then the PM can state this in the instruction. It looks like your contract has been amended to include the words ‘actions of...
May '19 - There are a few of errors in this process. The Instruction should have been given prior to the quotation being submitted, if they wanted to know the cost up front this should have done through a Proposed Instruction. With regard to when the action is taken, once the instruction is issued, the sco...
Apr '19 - What are the exact steps for a proposed instruction to be put into effect: The scenario is… PM issued an instruction under 61.2 for the Contractor to submit a quotation for a proposed instruction. A quotation was received from the Contractor and in the appropriate timescale the PM replied in line...
Sep '17 - A Contractor is required to obey an instruction given by the Project Manager or the Supervisor, with the proviso that it is instructed ‘in accordance with (the) contract’ (clause 27.3). If in doubt, you could always ask the Project Manager or the Supervisor to state which clause they are instruct...
Jun '17 - Phil – It is fair to say that any instructed work after Completion Date does not instantly move Completion Date to the end of that instructed works. If you imagine a Contractor is running 100 days late, if they are then instructed one days extra work towards the end of that 100 days it would not ...
Apr '17 - Background – We (the Contractor) have to handback land adjacent to our elevations to allow a separate main contractor (also working for the Employer but who are not stated in our contract) to complete their infrastructure works. We will not get access to our elevations until after our agreed comp...
Sep '15 - From your question it sounds as if both the Service Manager and Contractor agree that there are elements (which could be all) of the Task Order for which there is not an existing price in the Price List. Therefore, under the last paragraph of clause X19.3 “The Prices for items that are not in the...
Jul '19 - The question is do the core clauses apply or not? I can’t see how you can pick and choose which ones you want to apply since the contract doesn’t provide for that. Stage 1 can be Option C or E, so whilst I understand the sentiment of what you say (which has always been the case for ECC Option E c...
Jan '19 - This is a prime example of why no one should ever act on a verbal instruction. 13.1 requires any such instruction to be in writing, and then IF this instruction is a reason under 60.1 as to why it is a compensation event then it can be notified as a CE by the Subcontractor. If the Contractor agre...
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