CONTRACT PRACTICE

Question 1

What if somebody on site, say the client or a designer, issued a verbal instruction?

Answer 1

This would not have immediate effect. The contractor is to confirm this to the EA within 7 days and if it is not withdrawn or confirmed earlier, it will take effect 7 days after.

Question 2

Does a contractor have to carry out an instruction?

Answer 2

Generally, yes they have to. Unless:
- It varies the access or use of the site.
- It would cause an alteration to the design without contractor’s consent.
- It will hinder the contractor when meeting his contractual obligations.
The contractor must notify the employer of reasonable objection.

Question 3

You have issued an instruction, and the contractor is refusing to comply, what do you do?

Answer 3

If the contractor is refusing to comply with a construction 7 days after written confirmation of the instruction (without reason), the employer can employ someone else to do the works, and deduct the cost from the contractor.