Employers’ Obligations - Scottish Construction Contracts - page 95

perform his functions under the contract, or is taking into account things he ought
not to, having regard to the contract, see Panamena Europea Navigación Compañía
Limitada v. Frederick Leyland & Co. Ltd (1947).
4.4 Information and instructions
The SBC provides that where not included in the Information Release Schedule, the
Architect shall from time to time provide the Contractor with such further drawings
or details as are reasonably necessary to explain and amplify the Contract Drawings
and shall issue such instructions as are necessary to enable the Contractor to carry out
and complete the Works in accordance with the Contract, see clause 2.12.1. Should
theContractornotreceiveinformationand/orinstructionswithinthenecessarytime,
then this may be a Relevant Event entitling the Contractor to an extension of time,
by virtue of clause 2.29.7, and also may be a matter materially affecting the regular
progress of the Works which may entitle the Contractor to recover loss and expense,
by virtue of clause 4.24.5. 4.24.5.These obligations of the Employer correspond with the obli-
gation of the Contractor, contained within clause 3.10, to comply with instructions
issued by the Architect forthwith, subject to certain exceptions. he obligations of the
Contractor are considered in Chapter 5.
In Neodox Ltd v. Swinton and Pendlebury BC (1958), it was held that what was a rea-
sonable time for the provision of details and instructions necessary for the execution
of the work did not depend solely on the convenience and financial interests of the
contractor. he employer, through his agents (the engineer in this case), was to have a
period of time to provide the information which was reasonable having regard to the
point of view of himself and his staff, as well as that of the contractor. It was held in
this case that there was an implied term that details and other instructions necessary
for the execution of the works should be given by the employer's agent from time to
time in the course of the contract and should be given within a time reasonable in all
the circumstances.
The employer, through his architect, will therefore be in breach of contract for fail-
ure to give details and information in sufficient time to enable the contractors to
perform their obligations under the contract. This does not imply an obligation to
provide information to contractors such that they can complete ahead of the con-
tractually stipulated date, even if they have indicated that this is their intention, see
Glenlion Construction Ltd v. he Guinness Trust (1987). As regards requests from the
contractor for information and instructions required by him, it has been held that a
documentsettingoutindiagrammaticformtheplannedprogrammefortheworkand
indicating the days by which instructions, drawings, details and levels were required,
which was issued by the contractor at the commencement of the work, could amount
to a specific application for information. It was held that the date specified for delivery
of each set of instructions met the contractual requirement of not being unreason-
ably distant from nor unreasonably close to the relevant date, see London Borough of
Merton v. Stanley Hugh Leach Ltd (1985).