A site instruction is an order given by the Engineer (Consultant) or his representatives delegated to the Contractor for the execution of works, purchase of goods, testing materials, design issues etc.
The Engineer may issue to the Contractor (at any time) instructions and additional or modified Drawings which may be necessary for the execution of the Works and the remedying of any defects, all in accordance with the Contract.
The Contractor shall only take instructions from the Engineer, or from an assistant to whom the appropriate authority has been delegated.
The Contractor shall comply with the instructions given by the Engineer or delegated assistant, on any matter related to the Contract. Whenever practicable, their instructions shall be given in writing.
If the Engineer or a delegated assistant:
(a) gives an oral instruction,
(b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within the time specified in the contract, after giving the instruction,
(c) does not reply by issuing a written rejection and/or instruction within two working days after receiving the confirmation,
then the confirmation shall constitute the written instruction of the Engineer or delegated assistant.
Variations may be initiated by the Engineer at any time prior to issuing the Taking-Over Certificate for the Works, either by an instruction or by a request for the Contractor to submit a proposal.
The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to the Engineer stating (with supporting particulars) that the Contractor cannot readily obtain the Goods required for the Variation.
Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction.
Each Variation may include:
(a) changes to the quantities of any item of work included in the Contract,
(b) changes to the quality and other characteristics of any item of work,
(c) changes to the levels, positions and/or dimensions of any part of the Works,
(d) omission of any work unless it is to be carried out by others,
(e) any additional work, Plant, Materials or services necessary for the Permanent Works, including any associated Tests on Completion, testing and exploratory work,
(f) Changes to the sequence or timing of the execution of the Works.
The Contractor shall not make any alteration and/or modification of the Permanent Works, unless and until the Engineer instructs or approves a Variation.
Usually if there are delays from the Engineer the Contractor may claim for an extension of time, cost and reasonable profit.
The Engineer may avoid this issue by asking additional documents from the Contractor. However if the Contractor is not giving the documents to the Engineer, the Engineer must fix the rates.