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The Employer can pay the third party (other Contractor or other person who is deemed fit) to carry out of the said Works. However, when the Architect has delay in giving the answer upon Contractor’s request, the Contractor is entitle for Extension of Time (EOT) and Loss or/and Expense under Clause 23.8 (e) and Clause 24.3 (a) respectively if Contractor submit his application in sufficient time before the commencement of affected works so that the Architect manage to issue the AI without delay the progress of works.įailure of Contractor to comply with AI If Contractor fails to comply within 7 days from AI issued, the Employer may employ others to ‘execute any works which may be necessary to give effect to such instructions’. The Contractor has no obligation to comply any instruction until the Architect has satisfactorily responded to the request and which empowering under the provision. If Contractor comply without questioning the query, then the AI is deemed given under the right clause.
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For example, Architect Jason issued an AI for variation work, however, the clause stated in the AI is clause 23 (Extension Of Time). The instruction shall assume has been given under such provisions or rightful clause if Contractor without requests Architect to specify in writing in case there is any ambiguity in the AI given. For example, if clause number is missing or wrongfully stated in AI, Contractor shall request to Architect to specify the clause issued under AI.
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Provisions empowering instructions If there is any issue given in Architect’s written instructions, Contractor shall raise query to the Architect within the period of compliance. Contractor shall bear his own cost and time. In this case, Contractor is not entitled to Extension of time (EOT) and Loss and/or Expense (L/E). For example, if Contractor comply Architect’s draft written instruction on a piece of paper without issue CAI to Architect and Architect confirm with his own written form of instruction by issued an AI, it is deemed as Contractor’s fault. In PAM 2006 Clause 2.2, there is no longer oral instruction as this is provided in Clause 2.5 of PAM 1998. Others recorded instructions during site meeting or any task order letter are not as valid instructions under PAM 2006.
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The person who Architect delegate to shall be a Professional Architect.ĪI All instructions or other form of written instructions for example drawings issued by Architect shall valid as “Architect’s Instruction” (‘AI’) which Contractor has to comply when, (1) Contractor written a ‘Confirmation of Architect’s Instruction (CAI)’ to Architect on the drawing and (2) Architect upon confirmation of his own other form of written instruction issue an AI to Contractor. However, this does not mean that Architect has the right to simply delegate to any person.
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Architect can delegate his power to others so long as Architect provides written instruction and cite the clause. If there is any unclear instruction issued under AI, Contractor shall write the query to Architect. The word ‘comply’ does not mean that any AI issue to Contractor, he shall carry out immediately. PAM CONTRACT 2006 (WITH QUANTITIES) PAM CONTRACT 2006 CLS.Ĭontractor to comply with AI The Contractor shall comply the AI issue to him in relate to any matters where Architect has the authority to issue such instructions under the Contract.