What is the significance of the architects instructions

Job runners will be all too familiar with the constant stream of pieces of paper called things like 'Request for written instruction' or 'Confirmation of verbal instruction' that this gives rise to. But a provision in the contract for instructions to be in writing may not be a condition precedent to an instruction being valid.

It depends on the precise contract terms. This has a term empowering the supervising officer to issue instructions, and a term that says all instructions should be given or confirmed in writing. The court decided that the absence of a written record as required by the second term did not preclude a valid instruction having been given under the first term. But the MOD case makes it clear that there must actually be an instruction given.

The facts of the case were that the roofing subcontractor used shorter nails than those specified, with the result that, some years later, the roof blew off. The subcontractor argued that there had been an instruction that varied the length of the nails. It was found that the supervising officer knew that shorter nails were going to be used, and went along with it.

However, there may be circumstances in which agreeing how a contractor proposes to do something may be held to be a variation.

In Simplex Concrete Piles v St Pancras, an architect agreed to the contractor's suggestion to get quotes for a different way of carrying out the works, and then agreed to the contractor's changed method. It was held that the architect had given an instruction. A key difference between the two cases is that in Simplex the contractor asked for instructions, and the architect intended to order a variation. In MOD, the subcontractor did not ask for, and did not think it needed, instructions.

So read contract terms carefully. Modeling Services. Value Added Services. MEP Design Services. VDC Services. Roles and Responsibilities of Architects in Construction Projects. Related Articles. Ravindra Ambegaonkar November 10, Read More. Ravindra Ambegaonkar August 11, Ravindra Ambegaonkar May 27, Leave Comment. About Us. Useful Links. Contact Us. Tel : Tel : E-mail : info ny-engineers. Recent Blogs. All Right Reserved.

Legal Notice Trademarks. The architects had stepped the foundation using a height difference of 3 meters, but the contractor observed when it was too late that the actual height difference was 4. This mistake caused a serious variation at the foundation level and it was difficult to apportion blames. The architect shall determine any level which may be required for the execution of the works, and shall furnish to the contractor by way of accurately dimensioned drawings such information as shall enable the contractor to set out the work at ground level.

The various certificate that the architect can issue in the lifespan of a construction project are;. An architect certificate is a document that the architects use to confirm that a building project has been built to the specifications contained in the contract documents.

Until a completion certificate is issued, Interim certificates will be issued when the project work is ongoing. Contractors are entitled to payments when certain certificates are issued to them. When in the opinion of the architect, the work are practically completed, he shall forthwith issue a certificate to that effect and practical completion of works shall be deemed for all purposes of the contract to have taken place on the day named on the certificate. As soon as the is possible after the execution of the contract, the architect, without charge to the contractor shall furnish him unless he shall have previously furnished with two copies of the specification, descriptive schedules or other like documents necessary for the use in carrying out the works.

Provided that nothing contained in the said specifications, descriptive schedules or other documents shall impose any obligation beyond those imposed by the contract documents, namely the contract drawings, the contract bills, the articles of agreement and these conditions. As and when from time to time may be necessary, the architect without charge to the contractor shall furnish him with two copies of such drawings or details as are reasonably necessary either to explain and amplify the contractor drawings or enable the contractor to carry out and complete the works in accordance with these conditions.

Where they are not, the architect will issue instructions to the contractor to remedy the shortcomings. All materials, goods and workmanship shall so far as procurable be of the respective kinds and standard in the contractor bills.

The architect may issue instructions requiring the contractor to open up for inspection any work covered up or to arrange for or carry out any test of any materials or goods whether or not incorporated in the works or of any executed works and cost of such opening or testing together with the cost of making good in consequence thereof shall be added to the contract sum unless provided for in the contract bills or unless the inspection or test shows that the work, materials or goods are not in accordance with the contract.

During construction, It becomes the responsibility of the architect to issue directives on how to effectively spend that sum. The defect liability period is a set period of time usually 6 months and a rainy season after construction has been completed during which the contractor has the obligation to return to the site to remedy defects.