Architect’s instructions - Construction Contracts - page 157

93 Does the architect have power to give
instructions after practical completion?
There appears to be no reason why the architect should not be empowered to issue instruc-
tions after practical completion subject to certain exceptions. SBC clause 3.10 permits the
architect to issue instructions in regard to any matter about which the contract expressly
authorises instructions. Unlike the position under other contracts such as ACA 3 and
GC/Works/1, the JCT contracts do not list permissible instructions conveniently in one
clause. One has to search through the contracts. For example, in SBC there are 31 clauses
throughout the contract which authorise instructions. Once such clauses have been identi-
fied, the question is whether the architect's power to issue them expires at practical comple-
tion.
None of the clauses is specific on this point, but it is obvious that instructions under some
clauses cannot be issued once the Works have been completed. It is plain that instructions
requiring variations to the Works cannot be issued after practical completion, because prac-
tical completion is when the Works are complete save for minor things. The issue of an in-
struction requiring substantial changes would be inconsistent with that. Moreover, practical
completion marks the beginning of the period during which the contractor is to provide in-
formationforthepreparationoftheadjustedcontractsum.Iftherewasnostoptovariations,
the contractor would not know when the final account documentation could be completed.
There is judicial opinion in support of this view. 3 (A subsequent decision to the contrary
is sometimes quoted, 4 but in that instance a JCT prime cost contract was under considera-
tion. There was no stipulated scope of work and the contractor simply carried out instruc-
tions.Moreover,thecontractorinthatcaseagreedtoremainonsitetoexecutetheinstructed
work.) Therefore, it seems to be settled that the architect will have no power to postpone
work after practical completion and no power to issue instructions about setting out, draw-
ings or discrepancies. However, there seems no reason why the architect should not be able
to issue instructions regarding defects, making good and requiring opening up or testing.