Civil Engineering Reference
In-Depth Information
Letter 110
To employer, objecting to exclusion of person from the Works (b)
This letter is only 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.
Unlike the position under some other JCT contracts, there is no express
power in this contract which allows you to exclude anyone from the Works.
Clause 3.5 only requires us to comply with instructions which you are
expressly empowered to give. Moreover, we do not believe that such power
would be implied.
Your insistence on the removal of our staff amounts to interference in our
organisation of the Works which is not acceptable. Moreover, it would result in
delays and additional costs which we would be entitled to recover from you.
Please confirm by return fax that you are withdrawing this invalid instruction.
Yours faithfully
