WK6AM - Architects Instructions

Question 1

Q1. Why do we need to make changes on projects in the construction industry?

Answer 1

To meet client requirements, at the clients request, ensure compliance with regulations, change to an area having a knock on affect,

Question 2

Q2. What are Architects Instructions? Give some examples

Answer 2

• To vary the works.
• To postpone the works.
• To remedy workmanship, goods or materials which are not in accordance with the contract.
• To sanction a variation made by the contractor.
• In relation to the expenditure of provisional sums.
• To open up work for inspection.
• To carry out tests.
• To exclude persons from the site.

Question 3

Q3. If an AI is given orally what is the procedure? If a MC acts upon an oral instruction what are the consequences?

Answer 3

• Must be in writing (Cl 3.12)
• Does not have to be titled ‘Architect’s Instruction’ but best practice to use RIBA forms
• Can give the instruction orally but it has no immediate effect
• Cl 3.12.2 - the contractor must confirm in writing within 7 days
• Architect has 7 days to dissent

Question 4

Q4. Can a MC refuse to carry out an AI?

Answer 4

Yes, as long as it is put in writing – within 7 days usually.

Question 5

Q5. What is a variation? Give some examples

Answer 5

JCT SBC/Q - Section 5 -Variations
5.1.1 – the alteration or modification of the design, quality or quantity of the Works
5.1.2 - the addition to or alteration or omission of any obligations or restrictions with in the means of achieving the Works
5.1.3 - the removal from site of any work executed or Site Materials other than work not in accordance with the contract
• Changes to Design/Spec
• Design deficiency
• Discrepancy
• Error
• Provisional sum

Question 6

Q6. What are the valuation rules under JCT 2016?

Answer 6

Have the approx Q's changed?
Provisional sums?
Ommitted work?
Allowance for prelims?
QS doesnt have to get MC agreement 
CDP

Choice of variation rules under JCT SBC16
• The employer can accept the MC quotation for a variation
• The QS values in accordance with valuation rules (Cl 5.6)
• Schedule 2 method (Cl 5.3.1)

Question 7

Q7. What is a Schedule 2 quotation? If a variation has been calculated by a Schedule 2 quotation is the contractor entitled to a loss and expense claim? Why?

Answer 7

Architect can request a quotation from the contractor – known as a Sch 2 Quotation. Quotation submitted by QS within 21 days, 7 days to respond.
Yes, but requires the MC to prove two things;
1) They have or are likely to incur direct loss or expense and
2) The loss arises from either
a. Deferred possession of the site
b. By any of the Relevant matters