Civil Engineering Reference
In-Depth Information
It is often believed that instructing a thing to be carried out forthwith means that it is to be
done as soon as possible. JCT contracts call for contractors to carry out architect's instruc-
tions forthwith, and many architects think that the contractor, on receipt of the instruction,
mustimmediatelycarryitout.Infacttherealityismuchmoremundane,nottosayleisurely.
From the cases decided by the courts, it seems that the most unsatisfactory of situations will
apply: The meaning of forthwith will be interpreted differently depending upon the circum-
stances. The meaning will vary from 'as soon as possible' by conventional methods of busi-
something is instructed to be done forthwith.
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Therefore, under JCT contracts it seems that an architect's instruction to be carried out
forthwith is to be carried out as soon as is reasonable in the circumstances. In other words,
the contractor is not expected to drop everything in order to comply with the instruction,
but rather to comply as soon as it is reasonable to do so. Obviously, even that is subject to
change if the situation warrants it, and there may be instances where it is abundantly clear
that an instruction is urgent and forthwith means as soon as possible.
