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Answered: NEC ECC: Can Project Manager change their mind that something is a CE?

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First of all, what is the Employer doing giving a PMI? Only the Project Manager - the PM in in PMI - can do it. Given that, he never made "his mind" contractually, so he can't change it.

But I will answer as if it was the PM giving the instruction. It comes down to this: was the PM instructing you to do something different than was in the original Works Information (WI) or was he repeating something already in the contract. If they were adding in something or providing more detail on something in the WI, then it is a compensation event under clause 60.1(1) providing the change does not relate to the two bullet points in 60.1(1).

Assuming 'Yes' to the above, then the next question is 'what it the effect?'. Adding in something clearly costs more. Specifying something in more detail depends on whether what they are specifying is more expensive than what the Contractor could reasonably be expecting to provide given the existing Works Information. My normal example is the WI says provide taps and the PMI is for gold taps. The 'gold' bit will be extra cost and if done late after the Contractor has already ordered the taps, then there is likely to be a time effect as well.

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