ABSTRACT

It is sometimes thought that the architect can issue an instruction to the contractor to change the date of possession in the contract. That view is misguided. The architect can issue only such instructions as are empowered by the terms of the contract (clause 3.10 of SBC), and changing the date for possession is certainly not empowered by any clause in JCT contracts. With the popularity of the project manager among clients, a slightly different view has taken hold that the project manager can change the date of possession. This is consistent with the view that the project manager, simply on the basis of his or her appointment, has wide powers under the contract. This view is, if anything, even more misguided.