Construction Law/Increase of scope of work
We are subcontractor and acting under a non fidic contract. Contract between the contractor and employer is FIDIC 2006 harmonized bank edition. During the course of the works, the scope of work on our section has increased. We have already notified the Contractor about this matter. The claim notification for additional payment and time extension has already been sent. In addition we asked the Contractor to give us a clear instruction to continue works and payment for these additional works be guaranteed by the Contractor. However their reply such as "we instruct you to continue in the same way and follow the design" doesn't satisfy us. Also, they are saying that the works will be paid to the subcontractor, if the contractor is paid by the engineer/Employer. This formulation of instruction doesn't guarantee us, the subcontractor, payment.
So my question is:
1. Is the increase of the works constitute Variation and shall we make Variation proposal also, not only claim notification?
2. Should we just follow the contractor's instruction to continue works, if the Contractor only says in the letter "we instruct you to..."? Is this kind of letter if contains the word "instruct you..." constitute a site instruction?
3. Should the instruction of the Contractor contain more details (list of additional works, rates,milestones and etc.) rather than only word "instruction"?
I am replying your question.
1. Increase in work definitely constitute the variation and need to notify by the contractor to the Engineer.
2. Sub contractor act will be as per contract between contractor and Sub contractor.
3. instructions should be always as per provision of contract agreement and in details.
I hope this will help to you much. If any further clarifications needed, you will be welcome with all complete informations regarding contract between contractor and sub contractor.
With due regards