ABSTRACT

An instruction on a printed 'Architect's Instruction' form is valid if signed by the architect. Standard building contracts (SBC) refer to instructions and whether they must be in writing or oral and how they may be confirmed and by whom, but contracts do not specify what constitutes an instruction. SBC clause permits the architect to issue instructions in regard to any matter about which the contract expressly authorises instructions. Only the architect may issue certificates and instructions under the terms of the contract, but that necessarily includes anyone authorised by the architect. If the contractor carries out the work, but the employer contends that the instruction was never given, the contractor is in breach of contract and can be obliged to amend the work to conform to the contract documents. The mechanical services engineer may be a sub-consultant to the architect or, more usually, engaged directly by the employer.