Confirmation of verbal instruction - Revision history

Designing Buildings at 10:56, 17 March 2022

2022-03-17T10:56:01Z

← Older revision		Revision as of 10:56, 17 March 2022
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	It is important that any instruction it is given by the contract administrator, rather than, for example, by the client, otherwise the instruction may constitute a new contract.		It is important that any instruction it is given by the contract administrator, rather than, for example, by the client, otherwise the instruction may constitute a new contract.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Adjudication.		* Adjudication.

195.195.244.157: Undo revision 226093 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

2022-02-28T14:27:59Z

Undo revision 226093 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

← Older revision		Revision as of 14:27, 28 February 2022
Line 12:		Line 12:
	* To exclude persons from the site.		* To exclude persons from the site.

−	The contractor must comply with the instructions within certain limitations ~~of the contact~~. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.	+	The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.

	Generally, instructions must be made formally, in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation. In this case, either the contract administrator should then confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction will take effect.		Generally, instructions must be made formally, in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation. In this case, either the contract administrator should then confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction will take effect.

195.195.244.157 at 14:27, 28 February 2022

2022-02-28T14:27:06Z

← Older revision		Revision as of 14:27, 28 February 2022
Line 12:		Line 12:
	* To exclude persons from the site.		* To exclude persons from the site.

−	The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.	+	The contractor must comply with the instructions within certain limitations of the contact. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.

	Generally, instructions must be made formally, in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation. In this case, either the contract administrator should then confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction will take effect.		Generally, instructions must be made formally, in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation. In this case, either the contract administrator should then confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction will take effect.

41.75.189.247 at 20:56, 13 February 2022

2022-02-13T20:56:42Z

← Older revision		Revision as of 20:56, 13 February 2022
Line 3:		Line 3:
	Broadly, instructions may be given:		Broadly, instructions may be given:

−	* To vary the works.	+	* To vary the works
	* To postpone the works.		* To postpone the works.
−	* To remedy workmanship, goods or materials which are not in accordance with the contract.	+	* To remedy workmanship, goods or materials, and equipment which are not in accordance with the contract.
	* To sanction a variation made by the contractor.		* To sanction a variation made by the contractor.
	* In relation to the expenditure of provisional sums.		* In relation to the expenditure of provisional sums.
Line 65:		Line 65:
	* Work instruction.		* Work instruction.

−	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Designing Buildings at 09:51, 10 September 2020

2020-09-10T09:51:16Z

← Older revision		Revision as of 09:51, 10 September 2020
Line 65:		Line 65:
	* Work instruction.		* Work instruction.

−	[[Category:Construction_management]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Construction_management]] [[Category:Contracts_/_payment]]

Designing Buildings at 07:57, 2 June 2020

2020-06-02T07:57:44Z

← Older revision		Revision as of 07:57, 2 June 2020
Line 63:		Line 63:
	* Relevant event.		* Relevant event.
	* Variations.		* Variations.
		+	* Work instruction.

	[[Category:Construction_management]] [[Category:Contracts_/_payment]]		[[Category:Construction_management]] [[Category:Contracts_/_payment]]

Editor at 16:40, 30 August 2019

2019-08-30T16:40:52Z

← Older revision		Revision as of 16:40, 30 August 2019
Line 43:		Line 43:
	It is important that any instruction it is given by the contract administrator, rather than, for example, by the client, otherwise the instruction may constitute a new contract.		It is important that any instruction it is given by the contract administrator, rather than, for example, by the client, otherwise the instruction may constitute a new contract.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Adjudication.		* Adjudication.
Line 59:		Line 57:
	* Defects.		* Defects.
	* Extension of time.		* Extension of time.
		+	* Instruction.
	* Mediation.		* Mediation.
	* Oral variation to written contract.		* Oral variation to written contract.

Editor at 14:37, 3 August 2016

2016-08-03T14:37:03Z

← Older revision		Revision as of 14:37, 3 August 2016
Line 1:		Line 1:
−
	Construction contracts generally give the contract administrator the power to issue instructions to the contractor.		Construction contracts generally give the contract administrator the power to issue instructions to the contractor.

	Broadly, instructions may be given:		Broadly, instructions may be given:
−	*To vary the works.	+
−	*To postpone the works.	+	* To vary the works.
−	*To remedy workmanship, goods or materials which are not in accordance with the contract.	+	* To postpone the works.
−	*To sanction a variation made by the contractor.	+	* To remedy workmanship, goods or materials which are not in accordance with the contract.
−	*In relation to the expenditure of provisional sums.	+	* To sanction a variation made by the contractor.
−	*To open up work for inspection.	+	* In relation to the expenditure of provisional sums.
−	*To carry out tests.	+	* To open up work for inspection.
−	*To exclude persons from the site.	+	* To carry out tests.
		+	* To exclude persons from the site.

	The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.		The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.
Line 19:		Line 19:

	Contracts can be vague about the nature of such confirmations, other than that they should be given in writing. Generally they should include:		Contracts can be vague about the nature of such confirmations, other than that they should be given in writing. Generally they should include:
−	*Details of who it is issued by and who it issued to.	+
−	*The date.	+	* Details of who it is issued by and who it issued to.
−	*Details of the contract that permits the instruction.	+	* The date.
−	*The number of the CVI.	+	* Details of the contract that permits the instruction.
−	*Details of the instruction.	+	* The number of the CVI.
−	*The signature of the party issuing the CVI.	+	* Details of the instruction.
		+	* The signature of the party issuing the CVI.

	It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the minutes of subsequent meetings. On some projects, there may an automated system in place for capturing and managing CVI’s and other instructions.		It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the minutes of subsequent meetings. On some projects, there may an automated system in place for capturing and managing CVI’s and other instructions.

	If a formal procedure is not followed for confirming verbal instruction, there can be disputes about:		If a formal procedure is not followed for confirming verbal instruction, there can be disputes about:
−	*Work that has not been done which the contract administrator believes have been agreed.	+
−	*Work that the contractor has done but the client does not wish to pay for.	+	* Work that has not been done which the contract administrator believes have been agreed.
−	*Whether the instruction has been given to the right person, by the right person.	+	* Work that the contractor has done but the client does not wish to pay for.
−	*Whether the instruction is allowed under the contract.	+	* Whether the instruction has been given to the right person, by the right person.
−	*Whether it has been properly valued and the value agreed.	+	* Whether the instruction is allowed under the contract.
−	*Whether the consequences on the programme have been properly considered.	+	* Whether it has been properly valued and the value agreed.
−	*Whether an extension of time should be awarded.	+	* Whether the consequences on the programme have been properly considered.
		+	* Whether an extension of time should be awarded.

	Some contracts may make it a condition precedent to works being carried out that instructions are issued in writing. However, this can put the contractor in a difficult position, and whether to proceed with the works or to wait for a written instruction may be a commercial rather than a legal decision.		Some contracts may make it a condition precedent to works being carried out that instructions are issued in writing. However, this can put the contractor in a difficult position, and whether to proceed with the works or to wait for a written instruction may be a commercial rather than a legal decision.
Line 44:		Line 46:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Adjudication.
−	*Alternative dispute resolution.
−	*Arbitration.
−	*Architect.
−	*Architects instruction
−	*Change control
−	*Compensation events.
−	*Contract administrator.
−	*Contract sum.
−	*Defects liability period.
−	*Defects.
−	*Extension of time.
−	*Mediation.
−	*Provisional sums.
−	*Relevant event.
−	*Variations.

−	[[Category:Construction_management]]	+	* Adjudication.
−	[[Category:Contracts_/_payment]]	+	* Alternative dispute resolution.
		+	* Arbitration.
		+	* Architect.
		+	* Architects instruction
		+	* Change control
		+	* Compensation events.
		+	* Contract administrator.
		+	* Contract sum.
		+	* Defects liability period.
		+	* Defects.
		+	* Extension of time.
		+	* Mediation.
		+	* Oral variation to written contract.
		+	* Provisional sums.
		+	* Relevant event.
		+	* Variations.
		+
		+	[[Category:Construction_management]] [[Category:Contracts_/_payment]]

Designing Buildings at 06:39, 17 April 2015

2015-04-17T06:39:46Z

← Older revision		Revision as of 06:39, 17 April 2015
Line 2:		Line 2:
	Construction contracts generally give the contract administrator the power to issue instructions to the contractor.		Construction contracts generally give the contract administrator the power to issue instructions to the contractor.

−	Broadly, ~~Instructions~~ may be given:	+	Broadly, instructions may be given:
	*To vary the works.		*To vary the works.
	*To postpone the works.		*To postpone the works.
Line 14:		Line 14:
	The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.		The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.

−	Generally, ~~these~~ instructions must be made formally in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation.	+	Generally, instructions must be made formally, in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation. In this case, either the contract administrator should then confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction will take effect.

−	~~In this case, either the~~ contract ~~administrator~~ should ~~confirm~~ the ~~instruction in writing to the contractor, or the contractor should confirm~~ the instruction ~~in writing to the contract administrator. If the receiving party does not dissent~~ from ~~the written confirmation, then the instruction takes effect~~.	+	This confirmation is referred to as a confirmation of verbal instruction (CVI) or an oral confirmation sheet. The contract should set out the exact procedures and the timescales for issuing such an instruction and dissenting from it.

−	This confirmation is referred to as a confirmation of verbal instruction (CVI) or an oral confirmation sheet. The contract should set out the exact procedures and the timescales for issue of the instruction and dissent from it.	+	Contracts can be vague about the nature of such confirmations, other than that they should be given in writing. Generally they should include:
−		+
−	Contracts can be vague about the nature of ~~instructions~~, other than that they should be given in writing. Generally they should include:	+
	*Details of who it is issued by and who it issued to.		*Details of who it is issued by and who it issued to.
	*The date.		*The date.
Line 26:		Line 24:
	*The number of the CVI.		*The number of the CVI.
	*Details of the instruction.		*Details of the instruction.
−	*~~Signature~~ of the party issuing the CVI.	+	*The signature of the party issuing the CVI.

−	~~There are various instruction pro-forma that can be purchased.~~ It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the minutes of subsequent meetings. On some projects, there may an automated system in place for capturing and managing CVI’s and other instructions.	+	It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the minutes of subsequent meetings. On some projects, there may an automated system in place for capturing and managing CVI’s and other instructions.

	If a formal procedure is not followed for confirming verbal instruction, there can be disputes about:		If a formal procedure is not followed for confirming verbal instruction, there can be disputes about:
−	*Work that has not been done which the contract administrator believes have been agreed	+	*Work that has not been done which the contract administrator believes have been agreed.
	*Work that the contractor has done but the client does not wish to pay for.		*Work that the contractor has done but the client does not wish to pay for.
	*Whether the instruction has been given to the right person, by the right person.		*Whether the instruction has been given to the right person, by the right person.
−	*Whether the instruction is allowed under the contract	+	*Whether the instruction is allowed under the contract.
	*Whether it has been properly valued and the value agreed.		*Whether it has been properly valued and the value agreed.
−	*Whether the consequences on the programme ~~where~~ properly considered.	+	*Whether the consequences on the programme have been properly considered.
	*Whether an extension of time should be awarded.		*Whether an extension of time should be awarded.

Designing Buildings: Created page with " Construction contracts generally give the contract administrator the power to issue instructions to the contractor. Broadly, Instructions may be given: To vary the works. To ..."

2015-04-17T06:35:28Z

Created page with " Construction contracts generally give the contract administrator the power to issue instructions to the contractor. Broadly, Instructions may be given: *To vary the works. *To ..."

New page

Construction contracts generally give the contract administrator the power to issue instructions to the contractor.

Broadly, Instructions may be given:
*To vary the works.
*To postpone the works.
*To remedy workmanship, goods or materials which are not in accordance with the contract.
*To sanction a variation made by the contractor.
*In relation to the expenditure of provisional sums.
*To open up work for inspection.
*To carry out tests.
*To exclude persons from the site.

The contractor must comply with the instructions within certain limitations. They have the right to ‘reasonably object’ to an instruction, and instructions can only be given as empowered by the contract.

Generally, these instructions must be made formally in writing, following a procedure set out in the contract. However, it is common for contracts to allow instructions to be given verbally, for example during a meeting, a site visit, or in an emergency situation.

In this case, either the contract administrator should confirm the instruction in writing to the contractor, or the contractor should confirm the instruction in writing to the contract administrator. If the receiving party does not dissent from the written confirmation, then the instruction takes effect.

This confirmation is referred to as a confirmation of verbal instruction (CVI) or an oral confirmation sheet. The contract should set out the exact procedures and the timescales for issue of the instruction and dissent from it.

Contracts can be vague about the nature of instructions, other than that they should be given in writing. Generally they should include:
*Details of who it is issued by and who it issued to.
*The date.
*Details of the contract that permits the instruction.
*The number of the CVI.
*Details of the instruction.
*Signature of the party issuing the CVI.

There are various instruction pro-forma that can be purchased. It is sensible to send an instruction by recorded delivery, or to confirm its receipt in the minutes of subsequent meetings. On some projects, there may an automated system in place for capturing and managing CVI’s and other instructions.

If a formal procedure is not followed for confirming verbal instruction, there can be disputes about:
*Work that has not been done which the contract administrator believes have been agreed
*Work that the contractor has done but the client does not wish to pay for.
*Whether the instruction has been given to the right person, by the right person.
*Whether the instruction is allowed under the contract
*Whether it has been properly valued and the value agreed.
*Whether the consequences on the programme where properly considered.
*Whether an extension of time should be awarded.

Some contracts may make it a condition precedent to works being carried out that instructions are issued in writing. However, this can put the contractor in a difficult position, and whether to proceed with the works or to wait for a written instruction may be a commercial rather than a legal decision.

It is important that any instruction it is given by the contract administrator, rather than, for example, by the client, otherwise the instruction may constitute a new contract.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Adjudication.
*Alternative dispute resolution.
*Arbitration.
*Architect.
*Architects instruction
*Change control
*Compensation events.
*Contract administrator.
*Contract sum.
*Defects liability period.
*Defects.
*Extension of time.
*Mediation.
*Provisional sums.
*Relevant event.
*Variations.

[[Category:Construction_management]]
[[Category:Contracts_/_payment]]