ABSTRACT

Construction contracts are predicated on the theory that tender information, which becomes contract information, contains by far the majority of the information that a contractor needs to construct the project. Any redress which the employer may seek for errors or the consequences of late supply of information from the subcontractor, which holds up any part of the works, will lie against the subcontractor under any employer/subcontractor agreement. Subcontractors themselves should ensure that their own positions are clear and protected, by receiving instructions through, and only through the contractor. The standard subcontract forms oblige the contractor to pass any relevant instructions of the architect to subcontractors. The instruction issued by the architect in response to the contractor's notice is therefore to be treated as though it were a variation instruction. The standard contracts make limited reference to the question of approval of the works by the architect, and none to approval by the employer.