OPERATION STAGE

Letter1
To Employer / C.E. / S.O.; regarding consent to removal or replacement of site manager

Dear Sirs,
[if removal:]
We refer to our telephone conversation of the [date] and confirm that we intend to remove [insert name]
as site manager for the reasons we discussed. We understand that you accept those reasons and we
should be pleased to receive your written consent, as required by supplementary provision Clause xx of
the Conditions of Contract, to the appointment of [name] as site manager effective [date].
[if replacement:]
The present site manager [name] will be leaving on [date] and we should be pleased to receive your
written consent, as required by Clause xx of the Conditions of Contract, to the appointment of [name]
as site manager from that date.
Yours faithfully,
Letter 2
To architect; if required to furnish name and address of operations

Dear Sirs,
Thank you for your letter of [date].
In accordance with Clause xx of the Conditions of Contract, we have pleasure in enclosing a full list of
the names and addresses of persons who are concerned with the works and the capacities in which they
are so concerned. Please inform us if you require further particulars. They are all persons whom we
employ and for whom we are responsible.
There may well be other people not under our employment with the works for whom we do not have,
nor do we have the authority to obtain, such information.
Yours faithfully,
Letter 3
To architect; if passes are required

Dear Sirs,
In accordance with Clause xx Conditions of Contract, we enclose a list of persons requiring passes to
secure admission to the site.
Please inform us what, if any, other details you require in respect of each person.

Yours faithfully,
Letter 4
To Employer; if possession not give on the due or the deferred date

Dear Sirs,
[if deferment of possession clause does not apply:]
Possession of the site should have been given to us on [date] in accordance with Clause xx of the
Conditions of Contract. Possession was not given to us on the due date.

[if deferment of possession clause does apply, but deferred date not met:]
Under Clause xx Conditions of Contract, you have deferred the giving of possession until [date]. You
did not give us possession on the deferred date.
[OR]
Further, the [Architect / Consulting Engineer] has informed us today by [telephone / email / facsimile]
that he is unable to say with certainty when you will be able to give possession.
[OR]
The [Architect / Consulting Engineer] has informed us today by [telephone / email / facsimile] that you
will be unable to give possession until [date].
Such delay in site possession constitutes breach of Contract for which we will require appropriate
compensation and we reserve all our rights and remedies in this matter.
Without prejudice to the foregoing, we suggest that a meeting would be useful and look forward to
hearing from you.
Yours faithfully,
Letter 6
To Employer, if notice received that possession cannot be given on the due date and the deferment
clause does not apply

Dear Sirs,
We have received notice from the [S.O. / C.E.] that you will be unable to give us possession of the site
on [date].
This will be a serious breach of Clause xx Conditions of Contract for which we are entitled to extension
of time and costs. We further reserve all our rights and remedies in this matter.
Without prejudice to the foregoing, we request an urgent meeting within seven (7) days hereof to discuss
the issues arising and we look forward to hearing from you.
Yours faithfully,
Letter 7
To S.O. / C.E., if date of possession advanced

Dear Sirs,
Thank you for your letter of [date] advising us that the Employer is prepared to allow us to take
possession of the site on [date].
Naturally, we will endeavour to fully utilised the advanced date than we anticipated and we will inform
you when we intend to take possession as we need to reorganise our resources, all of which will result
in additional costs which we would expect the Employer to reimburse.
As such, please let us know by return, if the Employer will reimburse such costs so that we can make
our decision accordingly. If we take possession of the site on the date you suggest, such action will not
affect our obligation to complete the works on the date for completion in the [Appendix / Letter of
Award].
Yours faithfully,
Letter 8
To S.O. / C.E., regarding items in Minutes of Meeting

Dear Sirs,
We have examined the Minutes of Meeting held on [date] which we received today. We notice some
inadvertent errors in the contents therein and comment as follows:

Item: Error: Amendment:

Kindly make the necessary amendments in the Minutes of Meeting before distribution at the next
meeting.
Thank you.
Yours Faithfully,

c.c. [all parties present at the meeting]

Letter 9
To S.O. / C.E.; enclosing Master Programme

Dear Sirs,
In accordance with Clause xx Conditions of Contract, we have pleasure in enclosing two (2) copies of
our Master Programme for your kind approval.
We should be pleased to receive your approval soonest possible to enable us to proceed with project
planning.
[OR]
We have pleasure in enclosing two (2) copies of our Master Programme. Please let us have your
approval soonest possible so that we can proceed with project planning.
Yours faithfully,
Letter 10
To S.O. / C.E.; enclosing revision to the Master Programme

Dear Sirs,
Further to your [letter / instruction / email] [ref.] [date], we have pleasure in enclosing two copies of
our revised Master Programme incorporating your suggested amendments. Any delay in giving
approval by you shall constitute delay that entitles us for an extension of time.
Your urgent approval to the said revised programme is much appreciated.
Yours faithfully,
Letter 11
To S.O. / C.E.; enclosing Method Statement

Dear Sirs,
We refer to drawings [no.] and to item [bill no.] of the Bill of Quantities which refer to the performance
of the abovesaid specified work.
[OR]
We refer to your [A.I. / E.I. no.] [dated] on the abovesaid specified work.
Accordingly, we enclose our Method Statement which is sufficient in form and detail adequately to
explain our proposals. We should be pleased to receive your approval by return in order to allow us to
proceed w works without delay.
Yours faithfully,
Letter 12
To S.O. / C.E.; if instruction requires work not identified in the LA/ Contract / Appendix

Dear Sirs,
RE :
We are in receipt of your [A.I. / E.I. no.] [date] which purports to instruct us to carry out [state the
performance specified work]. Such work has not been identified in our scope of works.
In the circumstances, such specified works constitutes additional works for which we are entitled to an
extension of time and costs.
We shall submit our claims under separate cover in due course.
Yours faithfully,

(Operation team please check with Contracts team whether purported works are additional work
or V.O.. A copy of this letter must be given to Contracts for claims later.)
Letter 13
To S.O. / C.E.; requesting information

Dear Sirs,
We should be pleased to receive the following information which it is necessary for us to receive by the
stipulated dates in order to enable us to receive by the stipulated dates in order rot enable us to carry out
and complete the works in accordance with the Conditions of Contract.
The information required before we can submit our [remedial proposal / alternative design] is as
follows;
1.
2.
3.
Any delay on your part in accordance with Clause xx Conditions of Contract shall entitles us to an
extension of time.
Yours faithfully,
Letter 14
To S.O. / C.E.; if insufficient information on setting out drawing(s)

Dear Sirs,
We are preparing to commence works on site on [date]. Our first task will be to set out the works. The
construction drawing [no.] you have provided us reveals insufficient information for us to set out the
works accurately. Please find enclosed the said drawing on which we have highlighted in [yellow /
green] where we now seek information on the [dimension / level]
We need this information by [date] in order to avoid delay and disruption to the works. Any delay on
your part shall entitle us to an extension of time.
Yours faithfully,
Letter 15
To S.O. / C.E.; requesting information that setting out is correct

Dear Sirs,
We refer to your letter of [date] in which we informed you that the information on your drawings was
sufficient to enable us to set out the works accurately.
You responded by [email / telephone] instructing us to proceed with setting out to the best of our ability
based on the information provided. We have carried out your instructions and we should be pleased to
receive your confirmation that the setting out is correct.
Kindly let us have your confirmation within seven (7) days thereof failing which we shall notify you of
delay to the works and disruption for which we shall be entitled to extension of time and costs.
Yours faithfully,
Letter 16
To S.O. / C.E.; if information receive late

Dear Sirs,
We requested for [drawings / details / instruction] to be delivered to us by [date] vide our earlier letter
[ref] [date]. Till todate, we have not received the same.
Clause x Conditions of Contract requires you to provide such information as and when from time to
time may be necessary. You are clearly in breach of your obligations. We have complied with our duty
in the last part of the Clause to advise you sufficiently in advance of the time when it is necessary for
us to receive the information. The absence of the information is causing us delay and disruption. Please
inform us, by return, when [we can expect it to be delivered to our office] / [the drawings are ready for
our collection].
Take this as notice of delay under Clause xx Conditions of Contract which entitles us to extension of
time and costs.
Yours faithfully,
Letter 17
To S.O. / C.E.; if information not received in accordance with the schedule under Works Programme

Dear Sirs,
We draw your attention to the schedule under Works programme for this project which indicates that
all information / instructions should have been provided within 14 days from date of request being made
known to you.
You are clearly in breach of your obligation as set out in Clause xx Conditions of Contract. The absence
of such [information / instruction] is causing us delay and disruption to ongoing Works Progress. Please
inform us, by return, when we can expect [drawings / E.I.].
Take this as notice of delay under Clause xx Conditions of Contract which entitles us to extension of
time and costs.
Yours faithfully,
Letter 18
To S.O. / C.E.; if design fault in drawings

Dear Sirs,
We should be pleased if you would give further consideration to your drawing [no.] In our view,
[describe the technical discrepancies].
Therefore, if we were to proceed on the basis of this drawing without amendments, it is foreseeable that
serious defects or damage on [piles / pilecaps] will result for which we shall not be held liable.
As such, please let us have your comments and/or amended drawings by [date] to avoid delay and
disruption to the progress of works at site.
Yours faithfully,
Letter 19
To S.O. / C.E.; if a design fault which C.E. refuses to correct

Dear Sirs,
We refer to our letter [ref][date] warning you of design discrepancies in your drawing [no.] We note
that by your letter of [date], you decline to amend your design to take account of our comments.
We have discharges any duty we may have to inform you and the Employer of known and/or foreseeable
defects. Please take this as formal notice that we would carry out your instructions to proceed to
construct in strict accordance with the abovesaid drawing but we shall not accept any liability for
subsequent failure and/or defects.

Yours faithfully,

c.c. Employer
S.O. (architect)
Letter 20
To S.O. / C.E.; if Contractor provides drawings

Dear Sirs,
In accordance with Clause x Conditions of Contract / Letter of Award, please find enclosed two copies
of the following drawings:

Drawing No. Title: Details:

For Piles / pilecaps ? Pile No.x

Kindly let us have your approval within 7 days hereof to avoid delay and disruption to our progress of
works at site.
Yours faithfully,
Letter 21
To S.O. / C.E.; if he returns Contractors drawings with comments

Dear Sirs
Thank you for your letter [ref.] [date] with which you returned our drawing [no.] with comments.
Although we are always grateful for any comments you feel able to make, Clause xx Conditions of
Contract requires us to provide you with copies of the drawings and other information we intend to use
to carry out the work. The drawings have been prepared strictly in accordance with the Employers
requirements.
If, therefore, you intend us to act upon your comments, please issue us E.I. to that effect soonest possible
to avoid any delay and disruption to our works.
Yours faithfully,
Letter 22
To S.O. / C.E.; if Contract submitting drawings for amendments

Dear Sirs,
In accordance with Clause xx Conditions of Contract and the Employers requirements, we enclose 2
copies of the following drawings:

Drawing No. Title: Details:

For Piles / pilecaps ? Pile No.x

We should be pleased to receive your comments or approval within 7 days hereof in order to avoid
delay and disruption to our works progress at site.
Yours faithfully,
Letter 23
To S.O. / C.E.; if he returns Contractors drawings with comments

Dear Sirs,
Thank you for your letter [ref.][date] with which you enclosed a copy each of our drawings [no.] with
your comments.
In accordance with the Clause x Conditions of Contract, we have taken account of your comments and
we herewith submit two (2) further copies of such drawings accordingly.
Kindly let us have your urgent approval within 7 days hereof in order to avoid delay and disruption to
works progress on site. We shall be entitled to claim for extension of time and costs for any delay caused
by you.

Yours faithfully,
Letter 24
To S.O. / C.E.; if he returns Contractors drawings with unreasonable comments

Dear Sirs,
We are in receipts of your letter of [date] with which you enclosed one copy each of our drawing [no.]
with your comments.
Our submitted drawings are strictly in accordance with the Employers requirements. Your comments
do not suggest the contrary, rather, on their true interpretation, constitutes Variation Orders which
should be issued under Clause xx Conditions of Contract. We deem it unnecessary.
However, if you still insist on your purported design, please let us have your E.I. soonest possible to
avoid any delay and disruption to our works. We shall be entitled to claim for extension of time and
costs for any delay caused by you.

Yours faithfully,
Letter 25
To S.O. / C.E.; if he fails to return Contractors drawings in due time

Dear Sirs,
We refer to our letter [ref.] [date] enclosing two copies of drawings [no.] which are submitted for
comments or approval pursuant to Clause xx of the Conditions of Contract. Such comments or approval
should have been given within xx nos of working days from the date of our abovesaid letter. Till todate,
we have not received such comments or approval.
In view thereof, we hereby notify you that we are suffering delay caused by you, a matter for which we
are entitled to extension of time under Clause xx Conditions of Contract. We are also entitled to loss
and expenses under Clause xx Conditions of Contract of which the particulars on the estimated losses
and expenses as required under the provision of the Contract will be submitted to you in due course.
Yours faithfully,
Letter 26
To S.O. / C.E.; if discrepancy found between documents

Dear Sirs,
In accordance to Clause xx of the Conditions of Contract, we bring to your attention the following
discrepancies which we have discovered as follows:
Drawing [no.] [date] shows [describe in details]
[OR]
[A.I. / E.I. [No.] [ref.] [date]
On the other hand, the Bills of Quantities [No.] / Clause xx Conditions of Contract shows . [describe
details]
Pursuant to Clause xx Condition of the Contract, please let us have your instructions by [date usually
7 days from date of this letter] as to which provisions of the Contract should apply in order to avoid
delay or disruption to our works.
Yours faithfully,
Letter 27
To S.O. / C.E.; if discrepancy within the Employers Requirements

Dear Sirs,
Please be informed that we have found a discrepancy (ies) in the Employers Requirements [refer to
Clause / Section of the relevant document]. Our workscope / design / drawings are not in congruence
with the said Employers Requirements and thus, we propose the following amendments:
[describe your proposed amendments]
As such, please either let us have your written agreement to our proposal or details of your alternative
decision, either of which shall constitute a variation to the Employers Requirements.
Your urgent agreement or decision by [date] is much appreciated in order to avoid delay and disruption
to our works.
Yours faithfully,
Letter 28
To S.O. / C.E.; if discrepancy within Contractors proposals / drawings

Dear Sirs,
We have found a discrepancy in our proposed drawing [no.] [date] and drawing [no.] [date].
Therefore, we propose [describe the approach or amendment] to resolve the discrepancy:
As such, please either decide which of the methods you prefer to adopt or accept our abovesaid proposed
amendments. We require your decision or acceptance thereof in writing by [date] in order to avoid any
delay and disruption to our Works.
Any inconvenience caused is much regretted.
Yours faithfully,
Letter 29
To S.O. / C.E.; if discrepancy found between the Employers Requirements and the Contractors
proposal

Dear Sirs,
Please be informed that we have discovered a discrepancy(ies) between the Employers Requirements
and our Contracts proposed design as shown in drawing [no.] [date].
If you are intended to accept our method / design, kindly let us have your agreement in writing.
Otherwise, we suggest a meeting on site any day within this week.
Your urgent response is much appreciated.
Yours faithfully,
Letter 30
To S.O. / C.E.; noting divergence between statutory requirement and other documents (e.g. sheetpiles
in BQ, construction drawings versus DOSH requirements)

Dear Sirs,
Please be informed that we have found what appears to be divergence between statutory requirements
and your drawing [no] [date] / Bills of Quantities [No.] / Specification as follows:
[state details of divergence]
As such, please let us have your instructions by [date] in order to avoid delay and disruption to our
works.
Letter 31
To S.O. / C.E.; divergence between statutory requirements and other documents

Dear Sirs,
Please be informed that we have found divergence / discrepancy between statutory requirements and
the Employers Requirements as follows:
Section [no.] of [state Act] states that [give details].
On the other hand, the Employers Requirements under Clause xx of [state document] requires [give
details].
We propose the following amendments to resolve the divergence as follows: [describe how]
As such, please give us your written consent to our abovesaid proposal by [date] in order to avoid delay
to the works.
Yours faithfully,
Letter 32
To S.O. / C.E.; if emergency compliance with the statutory requirements is required

Dear Sirs,
We hereby give notice as required by Clause xx Conditions of Contract that we are obliged to carryout
work constituting emergency compliance with Section [no.] [state Act]. The emergency steps we have
taken are as follows:
[insert details]
In view thereof, the works carried out and materials supplied constitutes variation to the Contract under
Clause xx Conditions of Contract of which we shall submit our claims in due course under separate
cover.
We should be pleased to receive any further instructions, if necessary.
Yours faithfully,
Letter 33
To S.O. / C.E.; if a change in statutory requirements during construction period

Dear Sirs,
Please be informed that there is a change in BOMBAs requirements effective [date] which affects our
sequence of Works progress.
We are submitting our revised Works progress that incorporates the construction of [hydrant tank /
additional staircase] which is not in the original construction drawings.
Therefore, please take this letter as notice of delay and application for loss and expenses under Clause
xx and Clause xx of the Conditions of Contract respectively.
Yours faithfully,
Letter 34
To S.O. / C.E.; if development control decision affecting our design within contractual period

Dear Sirs,
Please be informed that we have just received approval from [state local authority].A copy of the self-
explanatory approval is enclosed for your attention. In accordance with the said approval, it is necessary
to amend our proposed design.
We are incorporating the necessary amendment and we shall submit our revised design drawings as
soon as we are in position to valuate such amendments which constitutes variations to the Contract. We
shall submit our application for extension of time and costs under Clause xx and Clause xx of the
Conditions of Contract respectively.
Yours faithfully,
Letter 35
To S.O. / C.E.; if COW instructs operatives direct

Dear Sirs,
Please be informed that your Clerks-of-Works, with whom we have had the most cordial relations, is
getting into the habit of giving oral directions to our workers at site even going so far to reprimand some
of them for [poor workmanship / tardiness].
We very much appreciate all the comments of the Clerk-of-Works, provided that they are addressed to
our Project Manager / Site engineer. The present situation is causing a degree of disruption in the line
of communication. Despite numerous verbal request made to the Clerk-of-Works to issue us proper
instructions from you or any other written instructions, yet to no avail.
As such, we appreciate your kind intervention to deal with this matter soonest possible to avoid further
tension at site.
Yours faithfully,
Letter 36
To QS; if additional works rates not in the BQ

Dear Sirs,
With reference to the A.I. / E.I. [no.] [date] which we received on [date]. Please find enclosed our
quotation for compliance as required under Clause xx Conditions of the Contract.
We have separately attached our requirements for an amount to be included in lieu of ascertainment of
loss and/or expense and our adjustment to the practical completion of the Works.
We look forward to your response soonest possible in order for us to make the necessary delivery to
site to avoid delay and disruption to our works. Any delay on your part shall entitle us to an extension
of time and costs.
Yours faithfully,
Letter 37
To Employer; if disagreement over whether work is a variation or included in the Contract

Dear Sirs,

We refer to your letter [date] [ref] and our letter [date] [ref.] relating to [state work]. It is our firm view
that this work is not included in the Contract and therefore, constitutes [variation / additional works] for
which we are entitled to payment.

[If CMGD issued:]

We are advised that we can refuse further performance until you authorise a new Contract as the S.O.
has issued the Certificate of Making Good Defects [no.] [date] to us. If you continue to issue
instructions, we may treat such instructions as null and void.

[If Contract is ongoing]

Without prejudice to our rights, we are prepared to carry out our works, leaving this matter in abeyance
for future determination by adjudication or arbitration, if you will agree in writing and confirm that you
will not deny our entitlement to payment in such reference if, on the true construction of the Contract,
the works is held to be not included.

Yours faithfully,
Letter 38
To S.O. / C.E.; requiring him to specify the clause empowering our instructions

Dear Sirs,
We have received [today / date] your A.I. / E.I. [no.][date] requiring us to [insert substance of
instruction].
We request you, in accordance with Clause xx Conditions of Contract, to specify in writing the
provisions in the Contract that empowers the issue of the above instruction.
Yours faithfully,
Letter 39
To S.O. / C.E.; confirming an oral instruction

Dear Sirs,
We hereby confirm that on [date], you orally instructed us to [describe the instruction]. Pursuant to
Clause xx Condition of Contract, you have seven (7) days in which to dissent in writing. [THIS ONLY
APPLIES TO IEM CONTRACT]
Pursuant to Clause xx Condition of Contract, we write to confirm such instruction given to us during
our discussion on [date] / the Site Meeting on [date] relating to [describe the instruction]. We would be
pleased, therefore, if you would exercise your power under Clause xx Conditions of Contract and
approve the said instruction in writing.
[OR] :
On [date], you orally instructed us to [describe the works]. We complied with your instructions, as you
are aware, but overlooked the confirmation of your instructions under Clause xx Conditions of Contract,
because / due to [state reasons].
We should be pleased, therefore, if you would exercise your power to confirm the instruction in writing
under Clause xx Conditions of Contract.
Yours faithfully,
Letter 40
To S.O. / C.E.; requesting confirmation of an oral instruction

Dear Sirs,
On [date], you orally instructed us to [describe instructions in detail].
In accordance with Clause xx Conditions of the Contract, we should be pleased to receive your written
confirmation by [date] to avoid delay and disruption to our work progress.
Yours faithfully,