3.4 THE GIVING OF INSTRUCTIONS ONE SPECIFIC FUNCTION OF THE ENGINEER...

One specific function of the Engineer under the Yellow Book (or those to

whom he has delegated the power to do so) is the general right to give instruc-

tions (which are to be in writing) to the Contractor, at any time, which are

necessary either for the execution of the works or for the remedying of any

defects in them (clause 3.3). Instructions amounting to a variation to the

works are to be treated as such under clause 13 (see Section 4.13 below).

In the Silver Book, clause 3.4, there is a similar right in the Employer to give

instructions, expressed as the right to issue instructions (in writing) to the

Contractor which may be necessary for the Contractor to perform his obliga-

tions under the contract.