Civil Engineering Reference
In-Depth Information
Letter 126
To architect, if issuing instruction for opening up after ordering
removal of defective work
This letter is only suitable for use with SBC or DB.
Dear
We are in receipt of your instruction number [
insert number
] dated [
insert date
]
under clause 3.18.1 [
substitute '3.13.1' when using DB
] of the conditions of
contract regarding the removal from site of work/materials/goods [
delete as
appropriate
]. We have now received a further instruction number [
insert
number
] dated [
insert date
] requiring opening up for inspection under
clause 3.18.4 [
substitute '3.13.3' when using DB
].
[
Then add either:
]
The work will be opened up as requested to be ready for your inspection on
[
insert date
]at[
insert time
].
[
Or:
]
In our view, due regard has not been given to the code of practice in the
contract and further, the instruction is not reasonable. We therefore propose
to treat the instruction as being issued under the provisions of clause 3.17
[
substitute '3.12' when using DB
] and, if the work is found to be in accordance
with the contract, we expect proper remuneration to include loss and/or
expense and an appropriate extension of time. Please confirm your agreement
by return or a dispute will have arisen between us and we shall carry out your
instruction without prejudice to our right to refer the matter to adjudication or
arbitration.
Yours faithfully
