In NEC3 the Works Information is defined in Clause 11.2(19). In NEC4 the Scope is defined in Clause 11.2(16).
In both cases the definition includes the words: "states any constraints on how the Contractor Provides the Works".
If the Project Manager has instructed an additional constraint, by requiring that certain works are carried out first, then that is a change to the Works Information/Scope under Clause 14.3 (both NEC3 and NEC4). Note, however, that under Clause 13.1 the instruction MUST be in a form that can be read, copied and recorded - if it was just a spoken instruction the Contractor should not have changed the phasing of the works.
An instruction under Clause 14.3 constitutes a compensation event under 60.1(1). It may well be that, at the time of the instruction being given, it was not thought that there would be any cost or time implication.
Establishing the Contractor's entitlement to additional payment/time would depend on the nature of the 'delays out of our control' which are now being incurred.
In both cases the definition includes the words: "states any constraints on how the Contractor Provides the Works".
If the Project Manager has instructed an additional constraint, by requiring that certain works are carried out first, then that is a change to the Works Information/Scope under Clause 14.3 (both NEC3 and NEC4). Note, however, that under Clause 13.1 the instruction MUST be in a form that can be read, copied and recorded - if it was just a spoken instruction the Contractor should not have changed the phasing of the works.
An instruction under Clause 14.3 constitutes a compensation event under 60.1(1). It may well be that, at the time of the instruction being given, it was not thought that there would be any cost or time implication.
Establishing the Contractor's entitlement to additional payment/time would depend on the nature of the 'delays out of our control' which are now being incurred.
