JCT Subcontract Oral Directions: What to Record and Check
A verbal site direction can be difficult to evidence at a later date. Make a clear, dated record of what was said, who said it, and what work it appears to affect. Then check the procedure in your signed subcontract before treating that record as a contractual confirmation or instruction.
Which Clause Applies in Standard JCT Subcontracts?
The 2024 editions are current JCT contracts, with the 2016 editions remaining widely encountered on live construction packages. The clause number depends on the form and edition:
- Design and Build Subcontract (DBSub/C): In both DBSub/C 2016 and DBSub/C 2024, directions given other than in writing are addressed under Clause 3.7.
- Standard Building Subcontract (SBCSub/C): In SBCSub/C 2024, the provision is Clause 3.7. In SBCSub/C 2016, that provision is Clause 3.9.
- Bespoke Schedules of Amendments: Some bespoke schedules may modify or delete these provisions entirely. Check the edition, executed subcontract, particulars, and amendments before relying on a standard clause number or procedure.
What Should You Check on Site?
- Authority to Instruct: Check the contract and project arrangements rather than assuming every site representative has commercial authority to order varied work.
- Procedure and Timing: Follow the relevant subcontract wording and notice-service requirements set out in your signed agreement.
- Separate Notices: A record of a verbal direction does not automatically meet separate contractual requirements relating to delay, valuation or loss and expense. Check the relevant clause in your signed subcontract.
A written record helps preserve what was discussed. It does not, by itself, establish that the direction was authorised, that it amounts to a valid variation, or that other contractual requirements have been met.
Draft Record to Adapt
Check the service of notices clause and direction provisions in your signed subcontract particulars before adapting this text:
Reviewing a New JCT Subcontract Before Signing?
Some bespoke schedules may amend direction and variation procedures. Run your draft agreement through my automated scanner to help flag amended direction procedures, notification hurdles, and payment terms for commercial review in under 2 minutes.
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Frequently Asked Questions: JCT Subcontract Oral Directions
Which JCT subcontract clause covers directions given other than in writing?
In DBSub/C 2016 and 2024, the provision is clause 3.7. In SBCSub/C 2024, it is also clause 3.7. In SBCSub/C 2016, that provision is clause 3.9. Always check the exact edition, executed subcontract, particulars, and bespoke amendments before relying on a clause number or confirmation procedure.
Does sending this record make the direction a valid variation?
Not automatically. Its effect depends on the relevant subcontract terms, the sender’s authority, the facts, and any applicable notice requirements.
Should I start the work before receiving a written response?
Check the signed subcontract and the project’s applicable procedure. This general guide cannot determine what you should do on a particular project.