Can a contractor claim a variation from a verbal site instruction?

General information only, not legal advice. Your contract's particular conditions decide what applies, so check them, and take proper advice on any dispute.

Often, yes, but only if the instruction is put in writing quickly and you follow your contract's procedure. Most construction contracts expect instructions in writing, and many make written confirmation a condition of being paid for extra work. An instruction given on a site walk, over the phone or in a WhatsApp group is a risk until it's confirmed. This guide covers what the main contract forms say, whether a WhatsApp message is enough, and the steps to take the same day.

What the contracts say

FIDIC 2017 (common in the UAE, Saudi Arabia and international work)

• Instructions must be in writing. Sub-Clause 1.3 requires notices and other communications, including instructions, to be in writing: either a signed paper original, or an electronic original sent from a system of electronic transmission stated in the Contract Data, from the address assigned to the authorised person.
• Only certain people can instruct. Under Sub-Clause 3.5, the contractor takes instructions only from the Engineer, the Engineer's Representative or an assistant with delegated authority.
• If you think an instruction is a variation, say so before starting. Where an instruction doesn't state that it's a variation and you consider it is one, Sub-Clause 3.5 requires you to give a Notice with reasons "immediately, and before commencing any work related to the instruction". If the Engineer doesn't respond within 7 days, the instruction is deemed revoked.
• Once a variation is instructed, detailed particulars, including your proposed price and any time impact, follow within 28 days (Sub-Clause 13.3.1). (FIDIC Red Book 2017)

FIDIC 1999

The 2017 edition is the current Red Book, but the 1999 edition is still widely used, particularly in the Gulf, both directly and as the base for government standard forms. Oman's 2019 standard form, for example, is based on the 1999 Red Book, not the 2017 edition (Trowers & Hamlins). Check which edition your contract uses.

Under the 1999 edition, instructions are to be given in writing "whenever practicable", but oral instructions aren't excluded. If you confirm an oral instruction in writing within two working days, and the Engineer doesn't reject it within a further two working days, your confirmation becomes the written instruction (Sub-Clause 3.3; see this commentary on Clause 3).

CPWD contracts (India)

• Alterations and additions are binding when instructed in writing, signed by the Engineer-in-Charge (CPWD GCC 2023, Clause 12, IIT Kanpur copy).
• Instructions are recorded in the site order book. The contractor's representative notes down instructions from the Engineer-in-Charge or their designated representatives in the site order book and signs it.
• Extra items have a deadline. For work not in the contract, the contractor may claim a market rate within fifteen days of the order or occurrence, with a rate analysis. Otherwise, the rate the Engineer-in-Charge approves later is final (Clause 12.2).

JCT contracts (UK)

Under the JCT Standard Building Contract, instructions not given in writing have no immediate effect until they're confirmed in writing, either by the contract administrator or by the contractor, provided the contract administrator doesn't reject the contractor's confirmation. Check your edition for the exact periods: under the 2005 edition, the contractor confirmed within seven days and the instruction took effect if there was no dissent within a further seven days (RICS isurv). The courts take this seriously: in Vainker v Marbank Construction (2024), the writing requirements were treated as a condition precedent to recovering additional payment (CMS).

Across all of them: confirm in writing, and do it fast. "Confirm within 24 hours" isn't a contract rule, but it's good practice that keeps you well inside every deadline above.

Is a WhatsApp message enough?

Usually not on its own. A WhatsApp instruction is far better than nothing, but treat it as the start of your record, not the end of it:

• It may not meet the contract's form. Under FIDIC 2017, an electronic communication counts only if it's sent through a system stated in the Contract Data, from the authorised person's address. WhatsApp is rarely listed.
• It may not come from someone with authority. A message from the client's site supervisor isn't an instruction from the Engineer or Engineer-in-Charge unless authority has been delegated.
• It can be challenged as evidence. In India, WhatsApp chats are electronic records under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 65B of the Evidence Act, and copies generally need a certificate under Section 63(4) to be admitted (LiveLaw). Authenticity, completeness and context can all be questioned.

Photos are different. A photo of the work or the site condition is visual proof of what was there, whichever channel it was shared through. Keep the originals with their date and time. The SCL Delay and Disruption Protocol recommends progress photographs "with date taken and if possible GPS coordinates" (SCL Protocol, Appendix B).

So keep the WhatsApp message: note who sent it and when, keep the original chat on the phone, and export the chat if it matters. But move the instruction into a written confirmation the same day.

What to do when an instruction arrives on WhatsApp or by word of mouth

1. Flag it the same day. The site engineer tells the project manager, who raises it with the PMO. The PMO decides whether it's a change to scope and brings in head office and the contracts or planning team.
2. Confirm it in writing straight away. Email the person who gave the instruction, copying the Engineer or Engineer-in-Charge: who instructed what, where, when and how, with the WhatsApp message and photos attached, and say that you consider it a variation or extra item. This starts the paper trail.
3. Get it into the formal record. Depending on your contract, that means the entry in the site order book, a FIDIC Notice under Sub-Clause 3.5 before work starts, or a written confirmation under the JCT procedure.
4. Record the work as it happens. Take photos before, during and after, and record quantities by location in the daily progress report. Our DPR format guide includes a section for visitors and instructions.
5. File the formal claim inside the contract window. Submit the extra item or variation claim, with the rate analysis and supporting documents, within the period your contract sets: fifteen days for extra items on CPWD contracts, and 28 days for variation particulars under FIDIC 2017.
6. Follow it through until the rate and any time impact are agreed.

A confirmation of verbal instruction you can copy

Adapt it to your contract. Under FIDIC, for example, a Notice must be identified as a Notice and sent by the agreed method.

Subject: Confirmation of verbal instruction – [Project], [date]

To:  [Engineer / Engineer-in-Charge]
Cc:  [Project manager], [PMO head]

On [date] at [time], [name, role] instructed us [verbally on site /
by phone / by WhatsApp message, copy attached] to:

  [Description of the work or change]
  Location: [block, floor, grid or chainage]

We understand this to be [additional work / a change to the specified
work] not included in the contract scope, and we consider it a
[variation / extra item] under [clause].

[We will proceed on receipt of your written confirmation. /
 We are proceeding as instructed and are recording quantities and photos.]

Please confirm or advise by [date].

Attached: [WhatsApp message export or screenshot], [site photos]

[Name, role]
[Company]

Where Velora fits

Instructions given in WhatsApp groups are easy to miss, especially across several sites. Velora picks up scope changes from the site chat, meaning added or removed work and client instructions, and lists them with their source messages and photos. Your project team can then confirm each one in writing and decide whether to raise it, in time. Velora doesn't send notices or decide entitlement; your team does.

Frequently asked questions

Can a contractor claim a variation from a verbal site instruction?

Often, yes, but only if the instruction is confirmed in writing quickly and the contract procedure is followed. Most contracts expect instructions in writing, and some, such as JCT contracts, treat written confirmation as a condition of being paid for extra work. This is general information, not legal advice.

Is a WhatsApp message a valid site instruction?

Usually not on its own. Under FIDIC 2017, instructions must be in writing through a system stated in the contract, from an authorised person, and WhatsApp is rarely listed. Keep the message as part of your record, but confirm the instruction by email or in the site order book the same day.

How quickly should a verbal instruction be confirmed?

As soon as possible, ideally the same day. FIDIC 1999 expects written confirmation within two working days, JCT contracts give unwritten instructions no effect until they are confirmed in writing, and under FIDIC 2017 you must give a Notice before starting work you consider a variation.

How long do I have to claim an extra item on a CPWD contract?

Under CPWD GCC 2023, the contractor may claim a market rate for an extra item within fifteen days of the order or occurrence, supported by a rate analysis. Otherwise, the rate the Engineer-in-Charge approves later is final.

Are site photos good evidence of extra work?

Yes. Photos show the work and site conditions directly, whichever channel they were shared through. Keep the originals with their date and time, take them before, during and after the work, and link each one to the instruction and location.