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1️⃣ Purpose of Clause 11.7
- 1999 Edition
- The clause ensures that, until the Performance Certificate is issued, the Contractor has the necessary access to all parts of the Works or the Site in order to perform any obligations under the Defects Liability (or Defects Notification) Period. These obligations commonly include carrying out outstanding minor works, remedying defects, and ensuring the Works are ultimately fit for their intended purpose.
- It also clarifies that the Employer should allow such access.
- 2017 Edition
- The clause (titled “Right of Access after Taking Over”) preserves the Contractor’s right, during the Defects Notification Period, to enter and work on those parts of the Works that require further attention for completing outstanding items or remedying any defect.
- It explicitly states that the Employer shall not unreasonably withhold or delay permission if the Contractor needs any additional access or special approvals for such remedial works.
This Clause thereby balances two primary aims: ensuring the Contractor is able to discharge its defect-remedy obligations without undue hindrance, while protecting the Employer’s right to operate or use the Works after Taking Over.
2️⃣ Breakdown of Clause 11.7
- 1999 Edition
- Scope: Grants the Contractor access to the Site (or relevant parts) to carry out remedial work during the Defects Notification Period.
- Obligation on Employer: The Employer shall facilitate or permit the Contractor’s access as required to fulfill defect-related obligations.
- End Date: Ends when the Performance Certificate is issued (i.e., once the Contractor has completed all duties related to defects and outstanding work).
- 2017 Edition
- During the Defects Notification Period: The Contractor’s right of access applies specifically for remedying defects under Clause 11.1 (“Completion of Outstanding Work and Remedying Defects”) and other sub-clauses in Clause 11.
- Contractor’s Request: If the Contractor needs special arrangements (e.g., the Employer’s own equipment areas, areas that have gone into operation, or specialized approvals), the Contractor must seek permission from the Employer, which the Employer cannot unreasonably withhold.
- Practical Operation: The Employer must ensure that any official consents, permits, or access routes are arranged so that the Contractor can practically enter the Site.
3️⃣ Key Interpretations and Implications
Here are some important points to consider:
- Continuous Obligation for the Employer
Clause 11.7 obliges the Employer to grant, or not to impede, the Contractor’s right to get on-Site to fix defects. If the Employer refuses such access (e.g., by failing to coordinate security or official consents), the Contractor could claim additional time or costs for the delay. - Contractor’s Duties
While the Contractor has the right of access, the Contractor must:- Comply with all required safety/operational constraints.
- Coordinate with the Employer if the Site is in active operation.
- Complete remedial works in a timely manner, within the Defects Notification Period.
- Overlap with Taking Over
The Employer’s Taking Over of the Works (or a Section) means partial or total possession by the Employer. Yet, Clause 11.7 ensures the Contractor can still go back in to complete final matters. - Potential Liability
The Employer’s refusal or unreasonable delay in granting access could result in claims from the Contractor under Sub-Clause 20.1 (1999) or Sub-Clause 20.2 (2017), as the Contractor might be prevented from fulfilling its obligations on time.
4️⃣ Cross-Referencing with Other Clauses
When reading Clause 11.7 in either the 1999 or 2017 editions, it’s helpful to see how it fits into the bigger FIDIC picture. After all, the right of access doesn’t exist in a vacuum—it “interacts” with various other provisions that define when the Contractor can enter the Site, what obligations the Contractor must fulfill, and how disputes are handled. Let’s explore these connections in a friendly, more detailed way:
Clause 10 (both editions) – Employer’s Taking Over
- The Big Picture: Clause 10 deals with the moment the Employer “takes over” the Works (or a portion/Section). Once that happens, the Contractor’s role might feel finished at first glance… but not quite!
- Why It Matters for Clause 11.7: Even after the Employer takes over, the Contractor still needs to come back to address defects, do final touches, or complete small bits of leftover work. Clause 11.7 ensures the Contractor has a “right of access” to do exactly that.
- A Handy Analogy: Think of Clause 10 as a landlord accepting the keys to a renovated apartment. Clause 11.7 is the guarantee that the contractor can still get in to fix that leaky faucet discovered after the tenant moves in.
Essentially, Clause 10 triggers the “We’re done, or nearly done” milestone, but Clause 11.7 keeps the door open—quite literally—for finishing up.
Clause 11.1 (both editions) – Completion of Outstanding Work and Remedying Defects
- What’s in 11.1? Clause 11.1 spells out the Contractor’s responsibility to tidy up all outstanding items and fix any defects found during the Defects Notification Period.
- The Link to Clause 11.7: Obviously, you can’t fix something if you can’t reach it! Clause 11.7 supports Clause 11.1 by stating that the Employer must permit the Contractor to come on-Site and do whatever remedial work or finishing tasks remain.
- Conversational Tip: Imagine you’re given a to-do list of tasks to complete (that’s 11.1), but you have no access to the office where those tasks must be done (that’s the scenario if 11.7 didn’t exist!). So, 11.7 is the key that unlocks the office door.
So Clause 11.1 is the “what needs to be done,” and Clause 11.7 is the “you have the right to go do it.”
Clause 11.9 (1999) / Clause 11.9 (2017) – Performance Certificate
- Performance Certificate Basics: This certificate usually comes at the end of the Defects Notification Period, after the Contractor has satisfied all obligations concerning defects and outstanding work.
- Interaction with 11.7: The Contractor’s right of access typically continues right up until the Performance Certificate is issued. Once that happens, the Contractor’s official responsibilities for defects (and therefore the necessity for access) largely wind down.
- An Engaging Example: If the Employer issues a Performance Certificate, it’s a bit like a “diploma” for completing a course. But the coursework includes finishing up any final tasks under Clause 11.1. Clause 11.7 is the guarantee that you can visit the “school” (i.e., the Site) to turn in your last assignments or revise your essay if the teacher (Employer) asks—until you finally graduate with that certificate.
Clause 20 (1999) / Clause 20 & 21 (2017) – Claims and Disputes
- The Disputes Umbrella: Under the 1999 edition, Clause 20 covers both Claims and Dispute Resolution, whereas the 2017 edition splits some dispute-related procedures into Clause 21. Either way, both sets of rules govern how each Party may seek recourse if there’s a problem.
- Relevance to 11.7: Let’s say the Employer unreasonably refuses to let the Contractor back onto the Site or imposes impossible conditions that prevent the Contractor from repairing the defect on time. The Contractor might end up with extra costs or project delays. In these cases, the Contractor can use Clause 20 (1999) or Clause 20/21 (2017) to file a claim or escalate it to the dispute mechanism.
- Imagine a Showdown: Think of Clause 11.7 as a “passport” enabling the Contractor to access the Site. If the Employer locks the gate or demands a hefty “visa fee” (i.e., imposes unwarranted new conditions), the Contractor could say, “Hold on, that’s not in the Contract!” and they have a path to seek relief or resolution via the Claims/Disputes clause.
Hence, Clause 20 or 20/21 is the safety net if Clause 11.7’s promise of access is not honored or becomes contentious.
Potential Extras: Clause 8 (Time for Completion) and Clause 8.4/8.5 (Extension of Time)
- Although not directly spelled out under Clause 11.7, it’s good to remember that if access is denied or delayed, the Contractor might miss certain deadlines or need more time to remedy defects properly. Clause 8.4 (in 1999) or Clause 8.5 (in 2017) could grant an Extension of Time if the Contractor can’t fulfill obligations because access was denied.
- Think of it like running a race—if halfway through someone blocks the track, you might need an extension to your overall time to cross the finish line.
In short, Clause 11.7 in both versions of the FIDIC Yellow Book is closely interconnected with Clauses on Taking Over (Clause 10), obligations to complete or fix issues (Clause 11.1), the final sign-off process (Clause 11.9), and the resolution of disagreements (Clause 20 in 1999, Clauses 20 & 21 in 2017). By understanding those references, you see how the Contractor is protected in their right to finish up the Works properly, while the Employer has recourse if things go awry.
So whenever you think of Clause 11.7, also keep these other clauses in mind. They form a support network that keeps the project healthy and fair for both Parties until every last item is done and dusted!
5️⃣ What If Scenarios?
- What if the Employer denies access for security reasons?
- 🚨 The Contractor can notify the Engineer or Employer in writing, citing Clause 11.7. If the Employer continues to deny access unreasonably, the Contractor may be entitled to an extension of time and/or additional costs.
- What if defects only appear near the end of the Defects Notification Period?
- 📌 Clause 11.7 typically remains valid until the Performance Certificate is issued. The Contractor can still access the Site to remedy new or newly discovered defects, as long as they fall within the Defects Notification Period or any extension thereof (e.g., Clause 11.3).
- What if the Employer wants to operate the Works at full capacity?
- ✅ The Employer can indeed use the Works. However, it must still accommodate the Contractor if remedial work is needed (though the Employer can impose reasonable conditions to avoid disruption to operations).
- What if the remedial work requires additional specialized equipment not on the Site?
- 📌 The Contractor would typically coordinate equipment transport with the Employer, referencing Clause 4.16 (Transport), but Clause 11.7 still ensures the fundamental right to be on the Site.
6️⃣ Suggestions for Clarity and Improvement
While Clause 11.7 is generally clear in both the 1999 and 2017 editions, there’s always room to reduce ambiguity, especially when it comes to how and when the Contractor regains access to the Site. Below are some extended suggestions, complete with practical examples and potential revised wording:
1. Define “Reasonable Access” More Explicitly
- Why This Helps: Both editions of FIDIC rely on concepts like “the Employer shall give… access” or “the Contractor shall have the right of access,” but they rarely specify the timing or conditions around it. This can lead to confusion if, for example, the Employer decides that “reasonable” means allowing entry only at off-peak hours (which might slow down remedial work).
- Practical Example: Suppose a hospital project is partially opened to patients, and the Employer wants to limit the Contractor’s entry to 10:00 p.m. – 6:00 a.m. for safety and operational reasons.
- Suggested Wording: “The Employer shall provide the Contractor with full, safe, and uninterrupted access to the relevant parts of the Site at all reasonable times, or as otherwise agreed. Where the Works form part of an operational facility or building, the Employer shall not unreasonably restrict access without prior consultation with the Contractor and agreement on mutually acceptable working hours and conditions.”
This new language clarifies that if there are operational restrictions, both Parties should talk first and then find a workable schedule.
2. Specify Responsibilities for Permits and Approvals
- Why This Helps: Often, re-entering the Site during the Defects Notification Period can require fresh permits (especially for large, sensitive sites or projects located in high-security areas).
- Practical Example: On a renewable energy plant, maybe new safety clearances or local authority approvals are needed every time the Contractor enters the facility post-handover.
- Suggested Wording: “If any local authority permits, security clearances, or approvals are required for remedial or outstanding works, the Employer shall, at its own cost, promptly assist in arranging the necessary approvals to enable timely access. The Contractor shall likewise provide any documents or technical information needed for such approvals, without delay.”
This ensures both sides share the burden: the Employer usually handles local authority dealings while the Contractor hands over the required technical data.
3. Define Clear Coordination Procedures
- Why This Helps: Large and complex projects often include partial Taking Over of different sections at different times. Without a spelled-out plan for how the Contractor’s personnel coordinate with the Employer’s staff on access points, conflict is inevitable.
- Practical Example: Imagine a massive airport project: Terminal A is handed over, Terminal B is still under construction. The Contractor needs to do a minor fix in Terminal A but must avoid passenger areas at certain times.
- Suggested Wording: “The Parties shall agree upon a short Access Coordination Protocol within 14 days after Taking Over of any Section. The Protocol shall specify access routes, required security measures, working hours, notification times, and contact persons on both sides to facilitate the Contractor’s entry for remedial work.”
Spelling out the “who, when, and how” of re-entry avoids a lot of on-the-spot arguments.
4. Incorporate Local Indian Standards or Other Regional Requirements
- Why This Helps: In India (and similarly in other jurisdictions), there may be local regulations about re-inspection, restricted working hours, environment/health and safety rules, or even labor laws that impact post-handover remedial work.
- Practical Example: A city municipality might impose noise restrictions after 10:00 p.m., or a building might need fresh safety audits if certain works are ongoing.
- Suggested Wording: “All remedial or outstanding works carried out during the Defects Notification Period shall comply with relevant local laws and regulations, including, but not limited to, the [applicable Indian Standard], the [local Building Code], and any municipal ordinances regarding working hours, noise, safety, or security. The Employer shall assist the Contractor in liaising with such authorities to ensure compliance and unhindered access.”
By referencing the specific codes, you minimize confusion about whose rules apply.
5. Clarify Consequences of Withheld Access
- Why This Helps: If the Employer prevents the Contractor from accessing the Site, the Contractor may struggle to remedy the defect within the specified timeframe. This situation can lead to potential disputes unless the Contract clarifies that the Contractor gets an Extension of Time (EOT) or additional costs for the delay.
- Practical Example: The Contractor attempts to schedule a defect repair, but the Employer says “not this week,” causing a missed deadline.
- Suggested Wording: “If the Contractor is prevented by the Employer’s actions or omissions from carrying out remedial works or completing outstanding items in due time, the Contractor shall promptly notify the Engineer. Subject to Clause [insert the relevant EOT clause], the Contractor shall be entitled to an Extension of Time and/or Cost plus Profit, as determined under Clause [insert claim procedure].”
This ensures no disputes about whether the Contractor is at fault if they simply can’t get in.
6. Provide a Deadline for the Contractor to Complete Remedial Work
- Why This Helps: From the Employer’s perspective, granting access is only half the story. The Employer also needs confidence that the Contractor won’t drag out the remedial activities indefinitely.
- Practical Example: If there’s a small HVAC glitch, the Employer wants it handled “within seven days of obtaining access,” so it’s not left open-ended.
- Suggested Wording: “Upon obtaining access, the Contractor shall complete the required remedial or outstanding work within [a specified number of days/weeks], or as otherwise agreed with the Engineer, provided that any significant scope or complexity changes shall entitle the Contractor to discuss revised timelines with the Engineer.”
So the Employer knows exactly when to expect the job to be done.
Putting It All Together
In summary, even though Clause 11.7’s existing text is concise, it can benefit from more specifics:
- Access that’s truly ‘reasonable and not unreasonably withheld’
- Clear roles for the Employer (permits, approvals) and the Contractor (technical documents, compliance)
- Optional Access Coordination Protocol for big, operationally complex sites
- Reference to local law (like Indian Standards) so everyone knows what codes apply
- Explicit ramifications if access is withheld (including EOT and costs)
- Time-bound obligations once access is granted
By incorporating these suggestions into the Particular Conditions or an additional Access Protocol annex, you ensure that any last-minute finishing work is handled quickly, safely, and predictably—making Clause 11.7 more of a help than a headache.
Ultimately, these improvements revolve around being crystal-clear about what “access” looks like, who is responsible for enabling it, and what happens if it’s withheld or delayed. That way, the Contractor’s crucial job of remedying defects is done in a fair and efficient manner for everyone involved.
7️⃣ Final Takeaways
- Essential for Completing Obligations: Clause 11.7 is crucial for enabling the Contractor to finalize the Works to the Employer’s satisfaction by remedying defects and outstanding items.
- Collaborative Clause: It highlights the need for both Parties’ cooperation—the Employer facilitating timely access and the Contractor fulfilling obligations promptly.
- Contractual Safeguard: It protects the Contractor from being unfairly prevented from discharging obligations, which, if hindered, can also prejudice the Employer’s final outcome and compromise the Works’ quality.
In essence, Clause 11.7 underlines that, even though the Works may have been taken over, the Contractor still has a legitimate and contractually protected right (and duty) to correct issues. Both the 1999 and 2017 editions preserve this right, but the 2017 edition expands clarity by stating more explicitly that the Employer must not unreasonably withhold or delay permission for accessing the Site.
Checklist
Below is an example checklist in a tabular format to help track compliance with Clause 11.7 (Right of Access) and related requirements. The last column contains a checkbox for easy use.
| No. | Checklist Item | Explanation / Notes | Check |
|---|---|---|---|
| 1 | Identify Applicable Site Areas | Confirm which parts of the Site or Sections are subject to access for remedial work (post-Taking Over). | [ ] |
| 2 | Confirm Defects Notification Period (DNP) | Check the start and end dates of the DNP, ensuring the access right is valid during this timeframe. | [ ] |
| 3 | Review Any Restrictions on Hours / Operations | Determine if there are operational constraints (e.g., only nighttime access, security clearance) that could limit the Contractor’s entry. | [ ] |
| 4 | Establish Coordination Protocol | Agree on communication channels, contact persons, and scheduling procedures between Contractor, Employer, and Engineer to facilitate access. | [ ] |
| 5 | Check Permit / Approval Requirements | Ascertain if any local authority permits or additional employer-issued permissions are needed, especially for sensitive or partially occupied sites (hospitals, airports, etc.). | [ ] |
| 6 | Assess Safety, Health & Environment (SHE) Rules | Make sure the Contractor complies with site-specific safety plans, PPE rules, and environment-related obligations, especially if the facility is in operation. | [ ] |
| 7 | Document Potential Delays or Obstructions | If the Employer restricts or delays access, note the specifics (date, nature of denial, impact on schedule) for potential Extension of Time (EOT) or Cost claims. | [ ] |
| 8 | Record All Remedial Works Performed | Keep track of what defects or outstanding works were remedied, when access was granted, and how the tasks were completed. | [ ] |
| 9 | Cross-Check with Other Clauses (e.g., Clause 10) | Ensure coordination with Clause 10 (Taking Over), Clause 11.1 (Remedying Defects), and relevant claims/dispute clauses (Clause 20/21) if there’s a conflict with access arrangements. | [ ] |
| 10 | Obtain/Confirm Final Acceptance or Performance Cert | Upon completion of remedial works, confirm that the Employer/Engineer acknowledges compliance and that the Performance Certificate is issued if all obligations are fulfilled. | [ ] |
How to Use This Table
- Print or save a copy for regular project meetings or site inspections.
- Tick the checkbox once each step is verified or completed.
- Keep this checklist in your project records to demonstrate compliance with Clause 11.7 and related FIDIC obligations.
Sample Letters
1. Contractor’s Letter to the Employer Requesting Access
Purpose: The Contractor needs formal access to the Site (or a part of it) during the Defects Notification Period to carry out remedial works.
[Contractor’s Letterhead]
Date: [dd/mm/yyyy]
To: [Employer’s Name / Representative]
Project Title: [Insert Project Name and Contract Reference]Subject: Request for Site Access During Defects Notification Period (Clause 11.7)
Dear [Mr./Ms. Employer’s Representative],
- We refer to the above Contract dated [insert date] and, in particular, Clause 11.7 concerning our right of access to the Site during the Defects Notification Period.
- On [date], we identified [describe defect(s) or outstanding work], which requires our attendance on Site for proper remedy. According to Clause 11.7, we respectfully request that you grant us uninterrupted access to [specific area(s)] on [proposed date(s)] between [proposed time(s)].
- We kindly request any guidance you may have regarding safety protocols, limited working hours, and any other specific requirements. In line with Clause 11.7, we trust that access will not be unreasonably withheld or delayed, ensuring timely resolution of these defects and minimal disruption to your operations.
- We appreciate your prompt confirmation of this request and look forward to maintaining the high standard of the Works. If you have any questions or need further details, please feel free to contact me at [phone/email].
Thank you for your cooperation.
Yours sincerely,
[Name and Position of Contractor’s Representative]
For and on behalf of [Contractor Name]
2. Employer’s Letter to the Contractor Granting Access
Purpose: The Employer formally confirms the Contractor’s right to access portions of the Site for remedial work.
[Employer’s Letterhead]
Date: [dd/mm/yyyy]
To: [Contractor’s Representative Name / Contractor Company Name]
Project Title: [Insert Project Name and Contract Reference]Subject: Grant of Access to Site (Clause 11.7)
Dear [Mr./Ms. Contractor’s Representative],
- We acknowledge receipt of your letter dated [dd/mm/yyyy] requesting access to [specific areas] of the Site under Clause 11.7 of the Contract.
- In line with the Contract, we hereby confirm that access will be granted for your remedial works on:
- Date(s): [insert date range]
- Time(s): [insert hours / any restrictions]
- Location(s): [specific building/section/area]
- Please ensure that all your personnel adhere to the Site regulations, safety protocols, and security procedures currently in place. Kindly coordinate with our Site representative, [Name], at [contact info], at least 48 hours before arriving on Site.
- If any amendments to the schedule or additional clearances are required, we will notify you promptly. We anticipate that the remedial work will be completed smoothly within the agreed timeframe.
Thank you for your cooperation, and please keep us informed of your progress.
Yours sincerely,
[Name and Position of Employer’s Representative]
For and on behalf of [Employer Name]
3. Contractor’s Letter to the Engineer Reporting Denial or Delay of Access
Purpose: The Contractor notifies the Engineer that, despite the provisions of Clause 11.7, access has been denied or delayed, possibly impacting schedule or costs.
[Contractor’s Letterhead]
Date: [dd/mm/yyyy]
To: [Engineer’s Name / Engineer’s Company]
Project Title: [Insert Project Name and Contract Reference]Subject: Notice of Delay in Access to Site (Clause 11.7)
Dear [Mr./Ms. Engineer],
- We write to inform you that, on [dd/mm/yyyy], our team attempted to access the Site for defect remediation works as outlined in Clause 11.7 of the Contract. However, we encountered [describe issue: e.g., “security refusal,” “locked gates,” “Employer’s unavailability”].
- This denial or delay of access prevented us from carrying out the necessary remedial works in accordance with the agreed schedule. We note that this situation may result in:
- Extension of Time requirements (reference: Clause 8.4 / 8.5 or appropriate claims clause).
- Possible Cost implications (reference: Clause 20/21 for claims).
- We respectfully request the Engineer’s immediate assistance in facilitating access, as continued denial could jeopardize our ability to complete outstanding obligations within the Defects Notification Period.
- We shall provide a formal notice of any claim for time and/or cost in compliance with the Contract, should this obstruction remain unresolved.
We appreciate your prompt attention to this matter.
Yours sincerely,
[Name and Position of Contractor’s Representative]
For and on behalf of [Contractor Name]
4. Contractor’s Letter to the Engineer and Employer Claiming Extension of Time
Purpose: If the denial or delay in access persists, and the Contractor’s remedial tasks are affected, the Contractor may seek an Extension of Time (EOT) and possibly additional Cost.
[Contractor’s Letterhead]
Date: [dd/mm/yyyy]
To:
- [Engineer’s Name / Engineer’s Company]
- [Employer’s Representative / Employer’s Company]
Project Title: [Insert Project Name and Contract Reference]Subject: Notice of Claim for Extension of Time and/or Cost (Clause 11.7 & Clause [relevant claim clause])
Dear [Mr./Ms. Engineer / Mr./Ms. Employer’s Representative],
- We refer to our correspondence dated [dd/mm/yyyy], wherein we highlighted our inability to access the Site to perform remedial works under Clause 11.7.
- Despite [previous attempts / communications], we have not been able to proceed with the defect rectification activities due to [specific reason for denied access], which remains unresolved.
- This situation constitutes a delay that is not attributable to the Contractor. In accordance with the Contract (in particular, [reference the extension of time clause]), we hereby submit this formal notice of claim for:
- An Extension of Time for any delay arising from this obstruction.
- Additional Costs incurred (plus reasonable profit, if applicable), subject to supporting evidence, for idle resources, workforce standby, or other direct impacts linked to the delayed access.
- We will provide a detailed statement, including time-impact analysis and Cost breakdown, within [X] days in compliance with [Contract reference: e.g., Sub-Clause 20.1 (1999) or 20.2 (2017)].
We trust that the above is clear and look forward to your prompt assistance in resolving the access issue to mitigate further delays.
Yours sincerely,
[Name and Position of Contractor’s Representative]
For and on behalf of [Contractor Name]
5. Employer’s Letter to Contractor Providing Conditional Access
Purpose: The Employer grants access but with specific conditions—common in sensitive or high-security environments.
[Employer’s Letterhead]
Date: [dd/mm/yyyy]
To: [Contractor’s Representative / Contractor Company Name]
Project Title: [Insert Project Name and Contract Reference]Subject: Conditional Access Arrangements Under Clause 11.7
Dear [Mr./Ms. Contractor’s Representative],
- With reference to your request for Site access dated [dd/mm/yyyy], we are pleased to confirm that access to [location] will be granted under the following conditions:
- Access Dates and Times: [insert timeframe]
- Site Restrictions: [specify e.g., “No loud work after 10:00 p.m.” / “Area X remains off-limits” / “All personnel must sign in daily”]
- Security/Permit Requirements: [detail if special badges, passes, or local authority approvals are required]
- Employer’s Representative on Site: [name, phone, email]
- We consider these measures necessary to maintain ongoing operations and ensure safety. Please confirm in writing your acceptance of these conditions within [X] days.
- Should you have any concerns or require additional arrangements, feel free to coordinate directly with [Engineer or Employer’s site manager].
Yours sincerely,
[Name and Position of Employer’s Representative]
For and on behalf of [Employer Name]
Practical Tips for Using These Letters
- Reference Your Contract: Always cite the Contract number, relevant sub-clauses (e.g., 11.7, 20.1, 20.2, etc.), and the date it was signed.
- Keep It Formal Yet Clear: Use concise language with bullet points or numbered paragraphs to present facts clearly.
- Attach Evidence Where Relevant: For claims, attach any logs, site diaries, or correspondence that supports your position.
- Follow the Notice Periods: If your Contract states a specific timeline (e.g., 28 days) for notices or claims, ensure you send the letter well before that deadline.
- Keep a Written Record: Store a copy of each letter and any responses for future reference (especially for potential disputes or claim assessments).
By using these sample letters (with suitable modifications for your project), both Contractor and Employer can communicate clearly, protect their contractual rights, and hopefully maintain a positive working relationship, even when last-minute remedial work is needed.