ABSTRACT
Direct control over the carrying out of the contract works, including the manner in which the works are undertaken, is solely the responsibility of the main contractor under the contract. One of the key duties of the contract administrator under a construction contract is to supply the contractor with sufficient information to construct the works in accordance with its terms. The design submission procedure states that the documents should be submitted ‘by the means and in the format stated in the Employer’s Requirements’. The contractor must comply with every instruction provided that it is valid, i.e. provided that it is in respect of a matter regarding which the contract administrator is empowered to issue instructions. Contract administrators’ instructions often require some variation to the works. Under common law neither party to a contract has the power unilaterally to alter any of its terms.
