Civil Engineering Reference
In-Depth Information
form an opinion has been considered above. The wording of the clause does
not preclude any deduction from the contract sum being taken into account
in interim payments.
13.9 Variations position under PCC 98
13.9.1 Clause 3.3.2, 3.3.3 and 3.4
The text of these clauses is as follows:
Instructions required for all items of work
3.3
.2 The Architect shall issue to the Contractor all instructions
reasonably necessary for the carrying out of the Works including instruc-
tions on the carrying out of items of work described in the Specification
and/or shown on the Contract Drawings (if any). Subject to clauses 3.3.3
and 3.3.5 the Contractor shall forthwith comply with such instructions.
Instructions by the Architect in respect of works by Nominated Sub-Con-
tractors towhich section 8A applies shall not change those works except by
way of variations, as defined in the Conditions NSC/C(PCC), to those
works or as a result of instructions on the expenditure of provisional sums
included in the Numbered Documents in respect of those works.
Reasonable objection by Contractor
3.3
.3
If an instruction of the Architect:
3.3
.3
.1
either involves the imposition of obligations or restrictions on access
to or use of the Site, on working space, on working hours and on the
execution or completion of the work in any specific order or involves
changes in such obligations or restrictions set out in the Specification;
or
3.3
.3
.2
alters the nature and scope of the Works as stated in the First
schedule,
the Contractor need not comply with such instruction to the extent
that he makes reasonable objection in writing as soon as is reasonably
practicable to such compliance
Instruction - alteration in nature and scope of the Works - revision of Contract Fee
3.4
.1 Clause 3.4.2 applies where the Contractor has not made a reasonable
objection pursuant to clause 3.3.3 or, if such objection has been made, it
has not been accepted.
3.4
.1
.2
If the Contractor considers that an instruction of the Architect has
altered the nature and scope of the Works as stated in the First Sched-
ule he may within 14 days from the issue of that instruction make a
written application to the Employer with a copy to the Architect
requesting a revision to the Contract Fee. Upon receipt of such appli-
