NEC ECC: PM change in phasing to CL31 programme

PM accepted our CL31 which shows phasing of 3 elements of works. Our programme showed us starting with phase 2, following on with phase 3 & 4 . Upon attending site the Employer/PM has decided to start the phasing in different parts 3&4 then 2. There is no key dates within the contract or requirements to carryout phases in a certain order to release other phases. We're working as labour only on option A

Problem being is that we've started in phase 3, hit delays out of our control reducing productivity and extending this phasing up to 2 months.

The PM is refusing to grant EOT due to that phase 3 wasn't due to start until later so shouldn't impact programme but they changed the phasing of works.

At point of tender we specified we could only provide certain amount of labour which we have and are delayed due to service clashes in phases 3 and 4.

The PM now wants to start phase 2 to mitigate delay to his program but we've made him aware we don't have the resource. We see this as acceleration in programme due to delays caused in phase 3 out of our control.

There was no contract programme provided at tender for the phasing other than drgs showing phasing which we've programmed to. I see this as change in WI?

Anyone agree, disagree?