JCT DB Sub 2016

Can a Sub Contractor refuse to carry out an instruction for additional work. Under clause 3.5 it states that the Sub Contractor must comply with all directions, the only exceptions are if the instruction relates to Clause 5.1.2 which is not associated with additional work.

Your analysis is generally correct however to add to it the Sub Contractor can refuse if:

  • They have a reasonable objection to the alteration of the kind or standard of materials or goods (express term), or

  • The additional work is unrelated to the Works as defined in the Recitals (implied term).

Hi Neil,

Thank you for your response, can we introduce a clause excluding variations that are not directly related to the scope.

We have tendered a project and the Main contractor has selected a section of the works (a quarter of the value) and are going to place an order against this only, our worry is that the Main Contractor is going to instruct the remainder of the works under this contract and we will have a large variation with no agreement of costs of which they will be able to challenge at a later date.

Yes, there is no reason why the contract cannot be amended to limit the Employer’s power to issue instructions