The Architect has very considerable powers under the Building Contract although is not a party to it.
The Architect must act upon a fair and proper interpretation of the contract as an independent observer. S/he must act fairly and impartially between the parties.
Contract administration can be quite complex and this (short) post by no means explores all that is involved. We just want to highlight 3 things you (probably) didn’t know architects do when they are appointed for the Construction Stage of your project:
3. Issue Instructions to the Contractor
Under the standard RIAI Building contracts the Architect/Contract Administrator has the power to issue instructions to the contractor.
Instructions may relate to:
- the modification of the design, quality or quantity of the works or the addition, omission or substituition of any work (“Variations”);
- the correction of discrepancies between the contract documents;
- the removal of materials from site;
- the opening up for inspection of any work covered up;
- the removal and/or re-execution of of any work not in accordance with the contract;
- the postponement of work;
- the dismissal of incompetent or misconducting personnel;
- the amending and making good of any defects;
- and any other matters relating to the proper execution of the contract.
The Contractor has the duty to comply and duly execute any work comprised in such Architect’s Instructions.