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What is Site Instruction?

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A site instruction is an order given by the Engineer (Consultant) or his representatives delegated to

the Contractor for the execution of works, purchase of goods, testing materials, design issues etc.

he Engineer may issue to the Contractor (at any time) instructions and additional or modified

!rawings which may be necessary for the execution of the "orks and the remedying of any defects,

all in accordance with the Contract. he Contractor shall only take instructions from the Engineer, or

from an assistant to whom the appropriate authority has been delegated under this Clause. #f an

instruction constitutes a $ariation than the sub%clause related to variations shall apply.

he Contractor shall comply with the instructions given by the Engineer or delegated assistant, on any

matter related to the Contract. "henever practicable, their instructions shall be given in writing. #f the

Engineer or a delegated assistant&

(a) gives an oral instruction,

(b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within

the time specified in the contract, after giving the instruction, and

(c) does not reply by issuing a written re'ection andor instruction within two working days after

receiving the confirmation,

then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as

the case may be).

$ariations may be initiated by the Engineer at any time prior to issuing the aking%ver Certificate for

the "orks, either by an instruction or by a re*uest for the Contractor to submit a proposal.

he Contractor shall execute and be bound by each $ariation, unless the Contractor promptly gives

notice to the Engineer stating (with supporting particulars) that the Contractor cannot readily obtain

the +oods re*uired for the $ariation. pon receiving this notice, the Engineer shall cancel, confirm or

vary the instruction.

Each $ariation may include&

(a) changes to the *uantities of any item of work included in the Contract (however, such changes do

not necessarily constitute a $ariation),

(b) changes to the *uality and other characteristics of any item of work,

(c) changes to the levels, positions andor dimensions of any part of the "orks,

(d) omission of any work unless it is to be carried out by others,

(e) any additional work, -lant, aterials or services necessary for the -ermanent "orks, includingany associated ests on Completion, boreholes and other testing and exploratory work, or

(f) changes to the se*uence or timing of the execution of the "orks.

he Contractor shall not make any alteration andor modification of the -ermanent "orks, unless and

until the Engineer instructs or approves a $ariation.

sually if there are delays from the Engineer the Contractor may claim for an extension of time, cost

and reasonable profit.

he Engineer may avoid this issue by asking additional documents from the Contractor. /owever if the

Contractor is not giving the documents to the Engineer, the Engineer must fix the rates.

/owever, in general, if an authori0ed person, representing the Employer Client, gives an instruction,

that becomes legally binding under the contract. 1oncompliance to the 2# is amount to a breach of

contract. "hat does that mean3 #t mean that the ownerclient has the right to terminate the contract

or sue for any delay due to the 1on conformity of the contract to recover whatever cost it might be.

he onus is on the client to proof the lost that is suffered which is not easy. 2o, documentation and

site record is very important in prepare for any eventualities.