In construction contracts, contract administrator has the power to issue instructions to the contractor. These instructions can be to change or vary the work scope, to carry out test, remedy for any workmanship or any discrepancy between contract documents.
Below explains what are instructions for a construction contract and how does it differ from variations.
Instructions in Construction Contracts
Instructions are given by the Contract Administrator. Only Contract Administrator has the power to issue the instructions.
If the Contract Administrator behaves within the terms of the contract, then the contractor must comply.
Always instructions must be given in writing. If any oral instruction is given, it must be validated in writing immediately.
Sometimes instructions can be given during the site meetings. If these instructions are issued by the Contract Administrator and only if the instructions are recorded in minutes of meeting and agreed at a subsequent meeting, then these instruction become a written & valid instruction.
Instructions may issue requiring variations or sometimes regarding discrepancies between contract documents. The latter is an obligation.
Relationship between Instruction & Variation
A variation to be valid, it must be given as a written instruction and by the Contract Administrator. Without a written instruction from the Contract Administrator, a variation cannot be implemented.