Common use of Architect's Instructions Clause in Contracts

Architect's Instructions. 22.1 The Contractor shall (subject to sub-clauses 22.3 and 22.4 of this condition) forthwith comply with all instructions issued to him by the Architect in regard to any matter in respect of which the Architect is expressly empowered by these conditions to issue instructions. 22.2 If within fourteen days after receipt of a written notice from the Architect requiring compliance with an instruction the Contractor does not comply therewith, then the Employer may employ and pay other persons to execute any work whatsoever which may be necessary to give effect to such instructions. All costs incurred in connection with such employment shall be recoverable from the Contractor by the Employer as a debt or may be deducted by him from any money due or to become due to the Contractor under this contract. 22.3 Upon receipt of what purports to be an instruction issued to him by the Architect, the Contractor may request the Architect to specify in writing the provisions of these conditions which empower the issue of the said instruction. The Architect shall comply with any such request, and if the Contractor shall thereafter comply with the said instructions, then the issue of the same shall be deemed for all the purposes of this contract to have been empowered by these conditions. 22.4 All instructions issued by the Architect shall be in writing. Any instruction issued orally shall be of no immediate effect, but shall be confirmed in writing by the Contractor to the Architect within seven days. If not dissented from in writing by the Architect within seven days from receipt of the Contractor's confirmation, the oral instruction shall take effect as from the expiration of the latter said seven days. Provided always that; 22.4.1 If the Architect shall within seven days of giving such an oral instruction himself confirm the same in writing, then the Contractor shall not be obliged to confirm as aforesaid and the said instruction shall take effect as from the date of the Architect's confirmation. 22.4.2 If neither the Contractor nor the Architect shall confirm such an oral 22.5 Any instructions given directly by the Employer to the Contractor shall be of no immediate effect but shall be confirmed by the Architect within seven days, failing which the Contractor shall confirm the same in writing in the same manner as is provided for in sub-clause 22.4. If confirmed by the Contractor, such instructions shall be deemed to be Architect's instructions.

Appears in 2 contracts

Sources: Building Works Contract, Building Works Contract