Jurisdiction(s):
United Kingdom

Employer's instruction powers under JCT Design and Build 2016/2024: authority, scope, limits, formalities, enforcement, and post practical completion variation issues

Published on: 06 August 2025

Published by a LexisNexis Construction expert

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Article summary

A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract

The Employer’s authority to issue instructions is frequently assumed, and routinely treated as a given within the contract framework, rather than examined closely on each project. This note outlines the Employer’s entitlement to instruct and explains the constraints, including those relating to changes after practical completion. Citations are to the JCT Design and Build Contract (2016) (JCT D&B Contract), arguably the most commonly used JCT form; in light of the 2024 suite, clause references for DB 2024 are also provided where they differ.

Where does the power to instruct come from?

Clauses 2.1.4 and 3.5 oblige Contractors to act on every valid Employer’s instruction ‘forthwith’, meaning as soon as is reasonably practicable and without delay.

What is the scope of the Employer’s power to instruct?

The Employer’s instruction power extends only to matters for which the conditions grant express authority. The table below identifies the express provisions of the JCT D&B Contract that generate an Employer’s right to instruct. Certain instructions are optional (may) while others must be issued by the Employer (shall)—the nature of the obligation is indicated in the list below...

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