What is an instruction in construction?
Instructions usually have to obeyed or implemented. In construction, consultants, clients and contractors issue instructions continually to ensure buildings are completed as specified, on time and to budget. The most obvious example is the ‘architect’s instruction’ (AI) or ‘contract administrator’s instruction’.
What are architects Supplemental Instructions?
An Architect’s Supplemental Instructions (ASI) are official instructions issued by an architect to legally change, revise, or provide the necessary interpretation for a minor design or construction change.
How do you record instructions given by an architect on site?
Records at Construction Site
- Contract Agreement.
- Time and Progress Charts or CPM Charts.
- Work Orders Book.
- Works Diary.
- Works Passing Records.
- Tests Results Record.
- Register for Approval of Samples.
- Records of Changes, Deviation Orders and Amendments.
What is the difference between an instruction and a variation?
The difference between an instruction and a variation, is that a variation is only one of the various types of instructions that the Contract Administrator has the power to request. Other instructions may include: works to be postponed.
Who signs a variation order?
In project management, a change order (or variation order) is a component of the change management process in which changes in the scope of work (or project brief) agreed to by the client, contractor and architect are implemented.
How do you value variations?
The second, and alternative, approach to valuing variations is to use rates and prices that have no relationship to the contract sum. For example, a contract may contain a lump sum for the original scope but stipulate that variations should be valued by reference to an entirely separate schedule of rates.
How do you claim variation?
How to claim a variation under a construction contract
- Characterise the nature of your entitlement. The first step is to identify whether the change in scope is in fact a ‘variation’ within the meaning of the contract.
- Check the contract.
- Notify the client.
- Wait for a direction to proceed before starting work.
- Perform the work and claim payment (and an EOT if needed)
Can a contractor reject a variation?
First, there is no implied right for an employer to instruct a variation under a construction contract. Therefore if there is no express contractual right for an employer to instruct variations, the contractor can refuse to carry out such variations without consequence.
Can a contractor refuse an instruction NEC?
The contractor can either not accept it and instruct you to provide a revised quotation, giving reasons, or it can tell you it will make its own assessment. The contractor cannot ask for more information and you are not required to provide it.
Can a compensation event be notified after completion?
No, a compensation event is not notified after the defects date (see clause 61.7).
What is NEC work?
NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration. Contract data (setting out information needed to operate the contract and identifying the documents which contain works information). …
Can additional work be instruction after completion?
NEC3 ECC Option A. Only real negatives to the Employer to instruct CE’s after Completion is that the Contractor will not be pushed to carry out the works in a certain timescale, as they will no longer be threatened with delay damages if they have achieved Completion.
Could additional work be instruction after completion What are the potential disadvantages of this?
Could additional work be instruction after Completion – what are the potential disadvantages of this? Nothing to stop it, although there is less remedy as this will be after Completion and no delay damages would apply so no penalty for the additional works if they are “late”.
Can the project manager instruct additional work after completion and can the contractor refuse?
Clause 27.3 obliges you to obey an instruction from the Project Manager or Supervisor provided that it is in accordance with the contract, e.g. an instruction from the PM to change the Works Information. Provided this is the case then no you cannot decline to do the additional work.
How do compensation events work?
Compensation events are events which are usually not the fault of the contractor and change the cost of the work, or the time needed to complete it. As a result, the prices, key dates or the completion date may be reassessed, and in many cases the contractor will be entitled to more time or money.
Is force majeure a relief event?
Force majeure – broadly speaking, force majeure might be considered a compensation event and/or a relief event.
Is acceleration a compensation event?
Acceleration under NEC3 means bringing forward the contractual Completion Date. If a compensation event occurs and the Project Manager wishes to keep Completion and hence the Completion Date the same, then this can be done throught the rigour of the compensation event process.
How many compensation events are there?
three categories
What is a clause 31 Programme?
The programme 31 31.1 Provision is made for a programme either agreed at the Contract Date or to be prepared by the Consultant and submitted at an early stage in the contract. It enables the Employer and the Consultant to monitor progress and to assess the effects of compensation events.
What is an early warning notice?
An early warning notice must be issued as soon as a party becomes aware of ‘any matter’ which could affect the total of the prices, could delay completion or a key date, or impair the performance of the works in use.
Can Terminal float increase?
You cannot add additional ‘terminal float’. Terminal float is not proportional to the volume of work. However in your assessment of the effects on planned Completion, you are able to add time risk allowance under clause 63.6.
How long does the project manager have to accept a Programme under an ECC contract?
two weeks
What is accepted Programme?
Within the NEC Engineering and Construction Contract (ECC), the ‘accepted programme’, is identified within the Contract Data. The contractor prepares a programme for the works, which is then submitted to the project manager for their approval. If it is approved, this becomes the ‘accepted programme’.
How many stated reasons are there in the contract for the project manager to not accept a contractor submitted Programme?
four reasons
What is a clause 32 Programme?
A requirement of Clause 32 is to update the programme with progress to date, at intervals as stipulated in Contract Data Part 1 and forecast future planned works. The programme is updated as per the ‘day to date’, which is the cut-off point which defines actual progress and planned works.
What is a clause 62 Programme?
Clause 62 programmes (as you call them) are programmes that go with a quotation. They do not become accepted when the quote is accepted – but just help ascertain of the quotation is correct, particularly in terms of entitlement to move Completion Date (or Sectional/Key Dates).
Does the contractor have to show on submitted Programmes the order and timing of the work and client?
The order and timing of the Works as agreed with the Employer and others or which have been stated within the Scope. The Contractor should show float. The Contractor should show time risk allowances.
Can early warnings be shown on an ECC Programme?
A common question asked associated with managing ECC contracts is “what should be shown on the programme in terms of early warnings”. Whether the Contract formally asks for them or not, it is practical to show early warnings that are yet to be resolved and could affect the remaining work on the programme.