Construction Law/site instruction


Dear Sir,

Could you please clarify if the site instruction related only to the works outside the scope of work (additional works)or it is order for any necessary works should be done in the site regardless it is additional or not, kindly mentioned any reference for the answer.

Dear Ibrahim,

Thank you for your question.

You did not indicate which Conditions of Contract you are using, but as a general principle, an instruction is a communication from the Engineer to the Contractor, for the Contractor to do, or not to do something, to provide something, etc.

It does not necessarily refer to works to be executed or not, but to a wider range of issues, including for example, for the Contractor to proceed with providing a certain document the Contract may require, e.g. a license, certificate, etc, or a certain information.

In respect of Works included in the Contract, all the Engineer can do, is to instruct the Commencement Date, or to suspend the Works, as the case may be.

For Works that are to be omitted, or additional works, indeed, Engineer will issue an instruction and most probably, a Variation Order.

Please thus clarify what exactly is your case, which Conditions of Contract you are using and what is your actual case you need an answer for.

Look forward hearing from you.

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