Civil Engineering Reference
In-Depth Information
Letter 109
To architect, objecting to exclusion of person from the Works (a)
This letter is not suitable for use with DB.
By fax and first class post
Dear
We are in receipt of your instruction number [
insert number
] dated [
insert date
]
which requires us to exclude [
insert name
] from the Works.
The instruction appears to have been issued under the provisions of clause
3.21 [
substitute '3.17' when using IC or ICD, '3.8' when using MW or MWD or
'40(2)(h)' when using GC/Works/1 (1998)
] of the contract. It is clear that the
instruction must not be issued unreasonably, but in this instance you have
provided no/no adequate [
delete as appropriate
] explanation.
Your insistence on the removal of our staff amounts to interference in our
organisation of the Works which is not acceptable. Moreover, it will result in
delays and additional costs which we shall be entitled to recover from you.
Unless you provide a satisfactory explanation for your instruction by return
fax, a dispute will exist which we may refer to adjudication.
Yours faithfully
