Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 55

Instructions are dealt with in largely the same way in the 2017 editions of all three Books, albeit with different numbering: clause 3.5 in the Red and Yellow Books, clause 3.4 in the Silver Book.

Clause 3.5/3.4 provides that the Engineer or Employer, through the Employer's Representative, may issue at any time instructions to the Contractor necessary for the execution of the works in accordance with the Contract.

It is expressly provided that the Contractor may only take instructions from:

1 (a) the Engineer/Employer's Representative; or

2 (b) the Engineer's Representative (Red or Yellow Book), if appointed; or

3 (c) an assistant with the appropriate delegated authority.

This establishes a clear channel of communication. Clause 3.5/3.4 then provides that, subject to a proviso concerning variations, the Contractor must comply with any instructions given on any matter related to the Contract.

The proviso is that if an instruction states that it constitutes a variation then clause 13.3.1, relating specifically to variation instructions, is to apply. This clause is considered in Section 11.3.1 below.