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Architect Instruction

The document discusses architects' instructions on construction contracts. It states that construction contracts generally give the architect or contract administrator power to issue instructions to the contractor to vary the works, postpone works, remedy defects, sanction variations, expend provisional sums, inspect work, and conduct tests. The contractor must comply with valid instructions but can object reasonably. Disagreement over an instruction's validity may lead to dispute resolution. Instructions altering the design requirements or constituting a variation may require a quotation from the contractor. Failure to comply can result in a notice to comply or others carrying out the work at the contractor's liability. Instructions should be in writing, dated, and signed, and verbal instructions confirmed in writing. Costs of opening up

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2K views

Architect Instruction

The document discusses architects' instructions on construction contracts. It states that construction contracts generally give the architect or contract administrator power to issue instructions to the contractor to vary the works, postpone works, remedy defects, sanction variations, expend provisional sums, inspect work, and conduct tests. The contractor must comply with valid instructions but can object reasonably. Disagreement over an instruction's validity may lead to dispute resolution. Instructions altering the design requirements or constituting a variation may require a quotation from the contractor. Failure to comply can result in a notice to comply or others carrying out the work at the contractor's liability. Instructions should be in writing, dated, and signed, and verbal instructions confirmed in writing. Costs of opening up

Uploaded by

laikienfui
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Architect's instruction

Construction contracts generally give the contract administrator the power to issue instructions to
the contractor. These instructions can be called ‘contract administrator’s instructions’ or ‘architect’s
instructions’ (AI's). We have used the terms ‘architect’ and ‘architect’s instruction’ below, but they
could easily be replaced with ‘contract administrator’ and ‘contract administrator’s instruction’.

Broadly, Instructions may be given:

 To vary the works.


 To postpone the works.
 To remedy workmanship, goods or materials which are not in accordance with thecontract.
 To sanction a variation made by the contractor.
 In relation to the expenditure of provisional sums.
 To open up work for inspection.
 To carry out tests.
 To exclude persons from the site.

The contractor must comply with the instructions within certain limitations. The contractor has the right
to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by
the contract. On receipt of an instruction, the contractor may ask the architectto inform them
which conditions empower them to make that instruction. Disagreement about the validity of an
instruction may result in a dispute being deemed to have arisen, and thedispute resolution procedures
of the contract will then come into force.

If an instruction requires a variation in design to be carried out by the contractor (such as on adesign
and build project), the instruction may be considered to alter the employer’s requirements.

If an instruction constitutes a variation, then the contractor may be required to give


a variationquotation, and the works described in the instruction will not begin until the architect has
confirmed their acceptance of the quotation.

If the contractor does not follow an instruction, the architect may be required to issue a 'noticeto
comply' to the contractor. If they still fail to comply, the architect can instruct others to carry out
the work and the contractor will be liable for any additional costs incurred. It is important therefore that
such costs are properly recorded, and if possible a range of quotes obtained.

Contracts can be vague about the nature of instructions, other than that they should be given in
writing. They should also be dated and signed. There are various instruction pro-forma that can be
purchased. It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the
minutes of subsequent meetings.

If an instruction is given verbally, either the architect should subsequently confirm the instruction in
writing, or the contractor should confirm it in writing, and unless the architect tells the contractor that
the instruction is incorrect, then the contractor’s description of the instruction will stand.
See Confirmation of verbal instruction (CVI) for more information.

Where an instruction is given to open up work or to carry out tests, costs incurred will be added to
the contract sum unless they were provided for in the contract bills, or if the workopened up or tested
proves to be defective. If such an instruction is given because other
similarwork, materials or goods were defective, then no addition will be made to the contract sum as
long as the instruction is reasonable.

Find out more

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