The scope of work is defined in the tender documents on which the agreement is signed. All JBCC® agreementsinclude a contract instruction clause to permit the principal agent to formally issue instructions to the contractor. Every building project is unique and issues must be resolved as they occur. The contract instruction clause in JBCC® agreements specifically excludes changes in scope! Also, no contract instructions can be issued after practical completion except to remedy defects

Where additional work is required (beyond the scope of the tender) the parties must agree to proceed… Such work will generally require amendment to the programme and result in additional costs. Consider:

– What is the progress of the works in terms of the programme when additional work is proposed?
– Is the contractor’s work on programme?
– Is the contractor’s work of the specified quality?

If the contractor is on programme and work is good = additional work may be a low risk instruction; if the contractor is behind schedule and/or the quality is poor instructing additional work will be a high risk decision, all delays and potential penalty charges fall away – and the likelihood of completing the enlarged project within the revised parameters is small. The same applies to ‘acceleration’

Complete the existing project – instruct the additional work as a separate project!

See: 6.1P-17.1.2; 6.1N-17.1.2; 5.0P-17.1.1; 5.0N-17.1.1; 5.1M-14.1.2; 4.0M-6.2.1