Civil Engineering Reference
In-Depth Information
This is a common question. Standard building contracts refer to instructions and whether
they must be in writing or oral and how they may be confirmed and by whom, but contracts
do not specify what constitutes an instruction. Usually, to qualify as a written instruction,
there must be an unmistakable intention to order something and there must be written evid-
ence to that effect. Not all written instructions are clear - some are decidedly vague (con-
tractorsmightbelievedeliberatelyso).Althoughaninstructionmaybeimpliedfromwhatis
written down, it is safer from the contractor's point of view to ensure that the words clearly
instruct.Totakeacommonexample:Adrawingsenttoacontractorwithacomplimentsslip
is not necessarily an instruction to carry out the work shown thereon. It may simply be an
invitation to the contractor to carry out the work at no cost to the employer; it may be invit-
ing the contractor's comments; or it may simply be saying, 'This is what we thought about
doing, but we changed our minds'. Although most adjudicators would no doubt assume that
adrawingsentwithnothingbutacompliments slipwasaninstruction todotheworkshown
on the drawing, such an assumption would be subject to challenge. Unless it contains word-
ingtotheeffect'dothis',howcanitbeaninstruction? Alldrawingsshouldbeissuedwitha
letter or instruction form clearly instructing the contractor to construct what is on the draw-
ing.
The same comment applies to copy letters sent under cover of a compliments slip. Ar-
chitects sometimes send a letter to the employer saying that they are going to instruct the
contractor to do certain additional work in accordance with the employer's wishes. Those
same architects misguidedly believe that if they send a copy of that letter to the contractor,
it amounts to an instruction to the contractor to get on with the work. Clearly, that is wrong.
An instruction on a printed 'Architect's Instruction' form is valid if signed by the archi-
tect. An ordinary letter can also be a valid instruction. If the architect wishes, he or she can
write the instruction on a piece of old roof tile or on the side of a brick. Providing they are
signed and dated and legible, they are all valid instructions. The minutes of a site meeting
may be a valid instruction if the contents are expressed clearly and unequivocally, particu-
larly if the architect is responsible for the production of the minutes. However, site meeting
minutes are obviously not a good medium for issuing instructions, because of the possible
delay in distribution.
