1. Contractor should comply with the instruction issued by site agent if the site agent is the S.O.’s Representative. According to P.W.D Form 203A Clause 3.3(b), any instruction or approval given by the S.O.’s representative to the Contractor within the terms of such delegation shall bind the Contractor and the Government as though it had been given by the S.O. In this case study, site agent represents S.O. to issue contractor on changing the original floor tiles (TL1) of dining and living area to orange colour scheme (TL2). According to P.W.D Form 203A Clause 5.3, Government has the obligation to employ and pay another Contractor or any other persons to execute any work whatsoever which may be necessary to give effect to such instruction if the Contractor doesn’t comply with the instruction. According to P.W.D Form 203A Clause 5.4, the Government shall be entitled to deduct such costs, expenses and On-cost Charges or any part thereof from any monies due or to become due to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt due from the Contractor. According to P.W.D Form 203A Clause 3.3(a), the S.O. may from time to time in writing delegate to the S.O.’s Representative any of the powers and authorities bested in the S.O. as listed in the letter of delegation and shall furnish to the Contractor a copy of all such written delegation of powers and authorities. In this case, the S.O. delegates the site agent to issue this instruction to Contractor. In clause 24.1, the S.O. may issue instructions requiring a Variation in a form of a Variation Order. No variation required by the S.O. shall vitiate this Contract. According to P.W.D Form 203A Clause 3.3(c), if the contractor is not satisfied with any decision of the S.O.’s Representative, the Contractor shall refer the matter to the S.O. who shall confirm, reverse or vary the decision of the S.O.’s Representative. In this case, the Contractor could discuss with the S.O. before making any decision on this changes.

2. Contractor is entitled to claim Variation Order in this instant. According to P.W.D Form 203A clause 24.2(a), the addition of any work, the living area is installed with marble (M) and the orange left over tiles (TL2) which originally to be install in the living area according to first V.O to be used in the wet and dry kitchen. According to P.W.D Form 203A, the Contractor can claim the payment by Clause 24.2(a), the omission of any work. Since the orange left over tiles (TL2) is install in the wet and dry kitchen, therefore the work to install ceramic tile (TL1) in the wet and dry kitchen as mentioned in the BQ ( T2/FF(REV.01) ) is omitted from the contract. In this instant, contractor has the right to claim extension of time from client based on clause 43.1(e), S.O instructed contractor to install marble in the living area which cause delay on the overall progress due to late arrival of the new marble material to the site.

S.O Instruction Form
V.O.1
Item 1 : Change of Color Scheme of Dining & Living Floor Tiles.
Description : Change color of ceramic tile (TL1) in the dining & living area (85m2) into orange color (TL2) after demolition work that remove ceramic tile (TL1) from dining & living area is done.
V.O.2
Item 2 : Install Marble Tile and Orange Ceramic Tile in the Living Area & Kitchen Area respectively, Omission of the Work in the Kitchen Area.
Description : Addition of the marble in the living area 54m2 and left over orange ceramic tile in the wet & dry kitchen area 38m2. The work to install ceramic tile (TL1) in the wet & kitchen area as listed in the BQ ( T2/FF(REV.01) ) is omitted from the contract.
Description Demolition of TL1 work
Ceramic Tile (TL1); By using chisel and hammer to pry up tile and deposit them in a large bucket to be transport to the manufacturer. Use a broom and vacuum cleaner to clear debris from the floor.
Cost Breakdown of Demolition Work No. | Item | Unit | Amount | 1 | Ceramic Tile (TL1) | m2 | 40.00 | 2 | General Labour | day | 50.00 | 3 | Transportation | day | 150.00 | Sub-Total | 240.00 | Allow for Profit & Overhead 10% | 24.00 | Final Rate | 264.00 |

Photo 1. Demolishing Ceramic Tile, TL1
The area of removed ceramic tiles (TL1) is 85m2 in living and dining area under Government’s instruction. After the demolition, orange ceramic tiles (TL2) as shown in photo 3 are going to install in dining and living area.

Photo 2. Marble Tile Installed
The area of marble tiles installed in living area is 54m2 after demolition which originally install with the orange ceramic tile , TL2 after changes made by Government.

Photo 3. Orange Ceramic Tile Installed, TL2
The orange ceramic floor tiles are installed in both dining area and dry & wet kitchen. The area of orange ceramic tiles installed is 35m2 in dining area. The leftover tile, TL2 is 50m2 ( 85 – 35 ) is installed in wet & dry kitchen, 38m2.

Photo 4. Abortive Orange Ceramic Tile, TL2
There are 12m2(50-38) orange ceramic tiles left after installing them at dining area and dry & wet kitchen. These tiles are treated as abortive tiles as they are extra and therefore being stored in site.