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Sub-Clause 7.6 - Engineer's Instruction (Remedial Works)

The engineer issued an instruction to the contractor to remedy works that were not in accordance with the contract. Specifically, the contractor was instructed to remove and replace non-compliant plant or materials within a specified time period. Failure to comply with the instruction would allow the employer to hire other parties to complete the work, with all costs recoverable from the contractor. The contractor acknowledged receipt of the instruction.

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1K views2 pages

Sub-Clause 7.6 - Engineer's Instruction (Remedial Works)

The engineer issued an instruction to the contractor to remedy works that were not in accordance with the contract. Specifically, the contractor was instructed to remove and replace non-compliant plant or materials within a specified time period. Failure to comply with the instruction would allow the employer to hire other parties to complete the work, with all costs recoverable from the contractor. The contractor acknowledged receipt of the instruction.

Uploaded by

khiem44
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ENGINEER’S INSTRUCTION (REMEDIAL WORKS)

Contractor : [State Name] Instruction No :

Works : [State Project Title] Issue Date :

Pursuant to Sub-Clause 7.6 of the Conditions of Contract, I / we instruct you to:

*remove from the site and replace the following plant or materials which are not in accordance with
the Contract:

OR

*remove and re-execute the following works which are not in accordance with the Contract:

OR

*execute the following works which are urgently required for the safety of the Works:

1. [Describe non-compliant plant or materials to be removed and replaced or removed and


re-executed or the urgent works to be executed]

2. [Ditto]

You are required to comply with the above instruction *immediately / within [state time period] days
from the date of this Notice, failing which, the Employer shall employ and pay other persons to carry
out the work and all costs incurred in carrying out the same shall be recoverable from you by the
Employer.

Signed:

___________________________

[Name of Engineer]

_________________________________________________________________________________

I / we acknowledge receipt of this Instruction as detailed above and return the duplicate copy hereto.

Signed: Date:

___________________________ ________________

[Name of Contractor]

DISTRIBUTION

Employer ____________________

*Delete as may be appropriate


Sub-Clause 7.6

Engineer’s Instruction (Remedial Works)


When to use

The Engineer is entitled to issue instructions to the Contractor to:

 Remove and replace any plant or materials which do not comply with the contract;
 Remove and re-execute any non-compliant work; and
 Execute any urgent work for safety reasons.

The Contractor must comply with the order within the time period stipulated by the Engineer in
the instruction, or immediately in the case of urgent work.

If the Contractor fails to comply with his obligations set out in the Engineer’s instruction, the
Employer can employ other persons to attend to the work required. Any costs arising from the
Contractor’s failure to give effect to the Engineer’s instruction are borne by and recoverable
from the Contractor.

As a further recourse, where the Contractor fails to comply with the instruction issued by the
Engineer within 28 days from the receipt of such instruction, the Employer is entitled to
terminate the contract under sub-clause 15.2(c)(ii) upon 14 days’ notice to the Contractor.

How to Complete

Insert the name of the Contractor and description of the Works which should match the
entries in the Contract Agreement (and also the Appendix to Tender, in the case of the name
of the Contractor), Instruction number and issue date.

Delete the alternative, depending on whether the instruction relates to removal and
replacement of plant or materials which do not comply with the contract, removal and re-
execution of non-compliant work or execution of work which is urgently required for safety
reasons.

Describe clearly the plant or materials to be removed and replaced or removed and re-
executed, or the urgent works to be executed.

Make the appropriate deletion, depending on whether the instruction requires immediate
compliance or compliance within a stipulated time period.

The name of the Engineer should match the person named in the Appendix to Tender (or
such other person whom the Employer may appoint from time to time and has notified to the
Contractor) and the signature should be that of, or on behalf of, such named Engineer.

The contract conditions do not require the Contractor to acknowledge receipt to each
instruction, but it is suggested that he be requested to do so by signing and returning the
duplicate to ensure that he has knowledge of the content.

Who to Issue

Issue the original and a duplicate to the Contractor and copies to the Employer and any other
relevant parties.

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