To instruct or not? The engineer's dilemma

Abstract

A recent research project explored the sources of relatively higher value and/or more frequent construction claims in civil engineering projects in Hong Kong. Fourteen common sources of claims were cited to seek views from the industry as to the perceived frequencies, magnitudes and avoidabilities of claims from such sources. One of the significant sources was identified as ‘instructions not being issued’, with reference to the provision in most standard civil engineering contracts that ‘the engineer’ shall issue necessary instructions for the purposes of completion of the Works. The study reported here focuses on the possible responses of ‘the engineer’ when the contractor requests instructions/information. Also the study examines the possible generation of construction claims therefrom. Eleven practitioners who were familiar with such matters were issued a questionnaire which described ten typical construction problem scenarios (cases) where contractors may request instructions. The responses are summarized and the basis for reaching each of these decisions is analysed. An example of the eleven detailed responses to one of the cases is presented to demonstrate the divergence of perceptions on each issue and the consequent different recommendations. Strategies to minimize the claims and disputes arising from such scenarios are developed, based on resolving the evident conflicts between the reasons for such divergences.

Keywords:

• Claims
• Sources
• Minimize
• Instructions
• Hong Kong