Engineer’s Instructions FIDIC: 1999 vs 2017 Guide & Practical Tips

[Engineer’s Letterhead]

Date: [DD MMM YYYY]  
Your Ref: [Instruction No.]  
Our Ref: [Project/Contract No.]

To: The Contractor  
Attention: [Contractor’s Project Manager]

Subject: Engineer’s Instruction – [Brief Description] (FIDIC Yellow Book Clause 3.3 / 3.5)

Dear Sirs,

Pursuant to Clause 3.3 (1999) / Clause 3.5 (2017) of the Contract, the Engineer hereby instructs you to:

1. What: [Describe works, change, testing, etc.]  
2. Where: [Chainage / Grid / Drawing ref.]  
3. When: [Start date] – [Completion date or duration]  
4. Quality/Spec: [Standard, section, drawing revision]  
5. Reason (informative): [Safety / coordination / Variation / urgent remedial]

Please acknowledge receipt within 2 working days and proceed without delay.  
If you consider this Instruction to be a Variation or to affect the Contract Price or Time for Completion, submit your proposal or Notice of Claim in accordance with Clause 13.3 / 20.2.1.

Yours faithfully,

________________________  
[Name]  
The Engineer

[Contractor’s Letterhead]

Date: [DD MMM YYYY]  
Ref: [Instruction No.] / [Our Letter No.]

To: The Engineer

Subject: Acknowledgement of Instruction – [Instruction No.] (Clause 3.3 / 3.5)

Dear [Engineer’s Name],

We acknowledge receipt of your Instruction dated [date] concerning [brief description].  
We have commenced the instructed activities and will execute them in accordance with the Contract.

Should we determine that the Instruction constitutes a Variation and/or gives rise to additional cost or time, we will submit the required particulars under Clause 13.3 and (where applicable) a Notice of Claim under Sub-Clause 20.2.1 within the prescribed 28 days.

Yours sincerely,

________________________  
[Name]  
Project Manager – Contractor

[Contractor’s Letterhead]

Date: [DD MMM YYYY]  
Ref: [Notice No.]

To: The Engineer  
Cc: The Employer

Subject: Notice of [Objection / Claim] – Instruction [Instruction No.] (Clause 3.3(b)–(d) 1999 / 20.2.1 2017)

Dear [Engineer’s Name],

We refer to your Instruction dated [date].

Grounds for Objection / Claim  
• The works ordered are not within the Contract scope as defined in Clause [insert].  
• Compliance would [contravene local law / pose a safety risk / exceed our design responsibility].  
• The Instruction will impact our cost and/or programme by [brief impact].

Accordingly, and in accordance with:

* 1999: Clause 3.3(b)–(d) – we hereby object and request withdrawal or variation of the Instruction; or  
* 2017: Sub-Clause 20.2.1 – this letter constitutes a Notice of Claim within the required 28 days.

Next Steps Requested  
1. Please confirm whether you will revise or withdraw the Instruction.  
2. Failing agreement within 42 days (Sub-Clause 3.7.3), kindly issue your determination.

We reserve our rights under the Contract.

Yours faithfully,

________________________  
[Name]  
Project Manager – Contractor

[Engineer’s Letterhead]

Date: [DD MMM YYYY]  
Ref: [RFP No.]

To: The Contractor

Subject: Request for Proposal – Potential Variation (Sub-Clause 13.3.2 & 3.5)

Dear Sirs,

The Employer is considering a Variation involving [describe change].  
Please submit, within 14 days of this Request, your priced proposal including:

1. Breakdown of quantities, unit rates and substantiation of any new rates;  
2. Impact on the Time for Completion;  
3. Effect on working methods, temporary works, and health & safety plans.

No work under this potential Variation is to commence until an Instruction under Sub-Clause 13.3.1 is issued.

Yours faithfully,

________________________  
[Name]  
The Engineer

[Contractor’s Letterhead]

Date: [DD MMM YYYY]  
Ref: [NoD No.]

To: The Employer  
Cc: The Engineer, Dispute Avoidance/Adjudication Board

Subject: Notice of Dissatisfaction – Engineer’s Determination / Deemed Rejection (Clause 20.4 1999 / 21.4 2017)

Dear Sirs,

We refer to:

• The Engineer’s determination dated [date] concerning Instruction [Instruction No.]; or  
• The absence of a determination within the 42-day period ending on [date].

Pursuant to Clause 20.4 (1999) / Clause 21.4 (2017), we hereby give Notice of Dissatisfaction.  
We request that the dispute be referred to the [DAB / DAAB] in accordance with the Contract.

Yours faithfully,

________________________  
[Name]  
Authorised Signatory – Contractor