Claims Under ACA 3 - Building Contract Claims - page 387

(3) The alteration or modification of the design, quality or quantity of the
works as described in the Contract Documents, including the addition,
omission or substitution of any work, alteration of any kind or stand-
ard, or the removal or bringing on to site of any materials or goods
brought thereon by the contractor for the works (clause 8.1(e)).
(4) On any matter connected with the works (clause 8.1(f)).
(5) Relating to any ambiguity or discrepancy falling within clause 1.5. This
provision relates to ambiguities and discrepancies in the contract docu-
ments which could not reasonably have been foreseen or found at the
date of the making of the contract by a contractor of the prescribed
degree of competence (clause 8.1(g)).
(6) Compliancewith statutory requirements under clause 1.6 (clause 8.1(g)).
(7) Where applicable, in respect of adverse ground conditions or artificial
obstructions at the site as referred to in the optional clause 2.6 (clause
8.1(g)).
(8) Provision of samples of the quality of any goods, materials or stand-
ards of workmanship under clause 3.5 (clause 8.1(g)).
(9) Relating to the execution of work or installation of materials, etc. not
forming part of the contract by the employer's direct contractors in
accordance with clause 10.2 (clause 8.1(g)).
(10) Acceleration or postponement instructions under clause 11.8 (clause
8.1(g)).
(11) Relating to the discovery of antiquities etc. under clause 14.2 (clause
8.1(g)).
However, there is a very important limitation on the contractor's entitle-
ment to payment for compliance with these architect's instructions and it is
found in clause 8.2. First, the instruction must require 'the Contractor to
undertake work or do any other thing not provided for in, or to be reasonably
inferred from , the Contract Documents' or 'shall require the omission of any
work or of any obligation or restriction'. Second, the need for the instruction
'shall not have arisen out of or in connection with, or shall not reveal, any
negligence, omission or default of the Contractor or of any sub-contractor or
supplier of his or their respective servants or agents' . Only if these conditions are
satisfied will compliance with an architect's instruction rank for payment.
The position under the valuation provisions in clause 17 should be care-
fully noted 652 . Clause 17.1 provides that if the architect issues an instruction
ranking for payment (i.e. one related to those matters listed above) which, in
the opinion of the architect or the contractor, requires an adjustment to the
contract sum under clause 8.2 and/or will affect the time schedule, the
contractor must provide to the architect the following estimates before
complying with the instruction:
(1) The value of the adjustment with all necessary supporting calculations;
and
652 Compare this provision with the Supplementary Provision S6 of WCD 98 (Chapter 13, Section
13.8.3) and the clause 13A quotation procedure of JCT 98 (Chapter 13, Section 13.5.2), both drafted
subsequently.