Many thanks for your answer Andrew. You are right. The demolition/re-routing works are pre-works but it is not a separate contract. It is an option to the main contract. Under the contract the employer has to provide a clean area for the main-works. The PM instructed us to execute the option for the demolition/re-routing works.
We created together with the Employer the BoQ (both parties were aware that not all works/quantities could be foreseen -> therefore open book) and the employer accepted the Compensation Event. Until today we have many additional and accepted Compensation Events because of bigger foundations, Asbestos, buried tanks, …But this is not the issue.
Both parties have a different point of view concerning the re-routing works of service lines. In the main contract (Works Information) it is mentioned the we have to remove or divert existing services but this is in contradiction with the provision of a clean area. Form our point of view the option is foreseen to clean the area and for the re-routing of service-lines.
We will not get a solution/clarification on short notice.
What I would like to know is correct further proceed according to NEC. To mitigate a potential delay, we are willing to commence the works, but I think the Project Manager has to submit a Project Manager Instruction (to execute the works) for formal reasons.
How we have to proceed to ensure not to lose our right for a later compensation because of formal errors or anything else?
PMI -> notification of a Compensation Event (from our point of view) -> rejection of our CEN by PM (most likely) -> Dispute resolution
Best regards,
Peter
We created together with the Employer the BoQ (both parties were aware that not all works/quantities could be foreseen -> therefore open book) and the employer accepted the Compensation Event. Until today we have many additional and accepted Compensation Events because of bigger foundations, Asbestos, buried tanks, …But this is not the issue.
Both parties have a different point of view concerning the re-routing works of service lines. In the main contract (Works Information) it is mentioned the we have to remove or divert existing services but this is in contradiction with the provision of a clean area. Form our point of view the option is foreseen to clean the area and for the re-routing of service-lines.
We will not get a solution/clarification on short notice.
What I would like to know is correct further proceed according to NEC. To mitigate a potential delay, we are willing to commence the works, but I think the Project Manager has to submit a Project Manager Instruction (to execute the works) for formal reasons.
How we have to proceed to ensure not to lose our right for a later compensation because of formal errors or anything else?
PMI -> notification of a Compensation Event (from our point of view) -> rejection of our CEN by PM (most likely) -> Dispute resolution
Best regards,
Peter