It does seem as though the Contractor caused this problem and the following points should be noted:
1. an instruction by the Project Manager itself is not a compensation event (unless the PM has said at the same time "this is a compensation event and please give me a quotation under clause 61.1). An instruction otherwise has to be notified by the Contractor that they believe it to be one, and state why it is one under clause 60.1. It would appear that this is likely to be considered a change to the Works Information (i.e. a second survey) which would be 60.1(1).
2. I would be interested to see how the Contractor communicated the results of the survey - i.e. was this issued for "acceptance" to become new Works Information.
3. If this event is a compensation event then it has come about due to a difference in Works Information i.e. Employers WI says duct is not in way, Contractors WI says it is in the way then 63.8 could come into play which is assessed in favor of one who didn't create the ambiguity.
4. As Jon points out - under clause 61.4 this could be a reason to say it is not a compensation event anyway as it has arisen due to the fault of the Contractor and therefore there should be no change to Prices or Completion Date - and any increased cost or delay to Completion will be the Contractors liability.
1. an instruction by the Project Manager itself is not a compensation event (unless the PM has said at the same time "this is a compensation event and please give me a quotation under clause 61.1). An instruction otherwise has to be notified by the Contractor that they believe it to be one, and state why it is one under clause 60.1. It would appear that this is likely to be considered a change to the Works Information (i.e. a second survey) which would be 60.1(1).
2. I would be interested to see how the Contractor communicated the results of the survey - i.e. was this issued for "acceptance" to become new Works Information.
3. If this event is a compensation event then it has come about due to a difference in Works Information i.e. Employers WI says duct is not in way, Contractors WI says it is in the way then 63.8 could come into play which is assessed in favor of one who didn't create the ambiguity.
4. As Jon points out - under clause 61.4 this could be a reason to say it is not a compensation event anyway as it has arisen due to the fault of the Contractor and therefore there should be no change to Prices or Completion Date - and any increased cost or delay to Completion will be the Contractors liability.