Civil Engineering Reference
In-Depth Information
Letter 113
To architect, if attempting to vary the Contractor's Proposals
This letter is only suitable for use with SBC, ICD or DB.
Dear
Thank you for your instruction number [
insert number
], dated [
insert date
]
which we received today. Your instruction has the effect of varying the
Contractor's Proposals.
May we draw to your attention that such instruction is not valid under the
contract, because clause 3.14.3 [
substitute '3.11.3' when using ICD or '5.1.1' when
using DB
] makes clear that an instruction requiring a variation [
substitute 'a
change' when using DB
] can only refer to the Employer's Requirements.
Therefore, it is an instruction which you have no power to issue and with
which we have no power or duty to comply.
If you wish to re-issue the instruction, referring to the Employer's
Requirements, we will of course comply forthwith. Alternatively, you
may wish to discuss the matter with us and we will endeavour to assist.
Yours faithfully
