Instructions & Variations Flashcards
What is an instruction in construction contracts?
A direction issued by the Contract Administrator (CA) or Employer to vary, postpone, or change part of the works. It may be verbal or written, but must follow contract procedures to be valid.
What is a variation under JCT?
Any alteration, addition, or omission to the works, including quality, quantity, or method. Variations are usually instructed under JCT Clause 5.1.
What clause under JCT requires the contractor to follow instructions?
JCT Clause 3.10: The Contractor must comply with instructions unless:
* They limit access (Clause 5.1.2)
* Infringe IP rights (2.23.2)
* Vitiate the contract
* Violate CDM Regulations
Can a contractor refuse an instruction?
Yes, in limited circumstances — if the instruction breaches safety regulations, IP rights, working hours restrictions, or would fundamentally alter the contract.
What is an Accelerated Quotation under JCT?
A contractor can submit a quotation within 21 days for acceleration. The Employer has 7 days to accept. If not accepted, the contractor can claim a fair and reasonable sum for preparation.
What JCT clause lets the CA instruct work related to Provisional Sums?
JCT Clause 3.16 – The CA can instruct the Contractor to expend any Provisional Sums.
What is a Compensation Event in NEC4?
Any event listed under Clause 60.1 that causes additional cost/time, such as:
* Client’s instruction
* Access delay
* Scope change
* Failure to reply
Only way for NEC Contractor to claim extra cost/time.
What NEC clauses govern Compensation Event process?
61.1 – PM must notify when giving instruction
61.3 – Contractor must notify CE within 8 weeks
62.3 – Quotation submitted within 3 weeks, PM responds in 2 weeks
Failure to reply: Contractor can proceed with self-assessment
What’s the difference between actual and constructive changes?
Actual Change: Directly instructed variation
Constructive Change: Not formally instructed, but results in additional cost/time (e.g., missing info, contradictory drawings)
What case established that verbal instructions may not count?
Lamprell v Billericay Union (1849): Verbal or informal approvals after work is done do not count as variation instructions. Instructions must be issued beforehand.
What’s the risk of not following instruction procedures?
Work may go unpaid or be disputed later. Always request written confirmation or refuse until compliant with the contract.
Why are change control procedures important?
They ensure that scope, time, and cost impacts are reviewed, documented, and agreed, reducing disputes and giving clients control over consequences.
