Does the Architect have the power to issue Instructions and Certificates when no formal contract has been executed?
It is advisable that formal contracts should always be signed by both parties before the Contractor commences any works in respect of the project. Accordingly the use of letters of intent is not to be encouraged, because they lead to a false sense of security to the Contractor. If the parties had contracted on what can be termed a simple contract where the contractor agrees to carry out work for a price and start and completion dates were agreed, the Architect would have no power to issue either certificates or instructions. Indeed, an Architect in these circumstances would have no power……. more