Contracts

What is written directive in construction?

A written directive is a written instruction from the owner, architect, or their authorized representative telling the contractor to perform work or change how work is done, often before the price or time effect has been agreed.

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Plan reviews connect field conditions, drawings, and the next decisions on a job. AI-generated illustration.

A written directive is an order in writing to do something on the job. It can come as a letter, an email from the owner's rep, a field order, an architect's instruction, or a formal construction change directive. What makes it a directive is that the contractor is expected to act on it. What makes it risky is that the price and schedule effect may not be settled yet.

Contractors want directives in writing for a simple reason: verbal instructions are hard to prove and easy to deny. Most contracts require changes to be authorized in writing before the contractor can be paid for them.

How a written directive works on a real job

Say a GC is building out a $1.1 million dental office. The owner's rep walks the site and asks for the reception wall to move two feet. The super does not move a stud. He emails the rep that afternoon summarizing the request and asks for written direction. The rep replies by email: "Proceed with relocating the reception wall per today's walk." That reply is a written directive. The GC then sends notice that it considers the direction a change, prices it, and submits a change order request with the email attached.

If the owner and GC agree on price, the directive becomes a change order. If they do not, the work continues and the cost goes into a change directive or claim process under the contract.

Written directives on federal jobs

The federal Changes clause for fixed-price construction, FAR 52.243-4, shows why the paper matters. A formal change order is a written order from the contracting officer. Other written or oral directions, instructions, interpretations, or determinations that cause a change are treated as change orders only if the contractor gives written notice stating the date, circumstances, and source of the order and that it regards the order as a change. No adjustment covers costs incurred more than 20 days before that written notice (with an exception for defective specifications). The contractor must assert its right to an adjustment within 30 days of receiving a written change order or giving that notice, though the government can extend the period.

Directive types compared

Common forms of written direction
FormTypical sourceChanges price or time?
Architect's supplemental instructionArchitectNo, minor changes only
Field orderArchitect or owner's repShould not; if it does, request a change
Construction change directiveOwner and architectYes, amount determined later
Change orderOwner and contractorYes, agreed
Email direction from owner's repOwner's representativePossibly, if the contractor gives notice

Common mistakes and disputes

  1. Acting on verbal direction. Get it in writing first, even a one-line email.
  2. Assuming the person has authority. Check the contract for who can direct changes. A tenant or a design consultant may not have it.
  3. Skipping the notice. Many contracts, like the federal clause, require the contractor to say in writing that it considers the direction a change.
  4. Waiting to price it. The longer the gap between directive and change order request, the weaker the position.
  5. Not passing it down. Subs need written direction from the GC too, matched to the owner's directive.

Related terms

See architect's supplemental instructions, field order, request for change, and notice of claim. Smart Business Automator records each directive with its notice and change order status, so approvals and pricing stay tied to the original instruction.

Frequently asked questions

Is a written directive the same as a change order?

No. A directive tells the contractor to do the work. A change order is the agreed modification to the contract price or time. A directive often comes first and becomes a change order later.

Is an email a written directive?

It can be, if it comes from someone with authority under the contract and clearly tells the contractor to proceed. Check your contract's notice provisions for how written communication must be delivered.

What should a contractor do after receiving a written directive?

Confirm the scope, give any required written notice that it is a change, track costs separately, and submit pricing promptly.

Can a contractor refuse a written directive?

Most contracts require the contractor to proceed with directed changes within the general scope while the price is resolved. Refusing can be a breach. Read the changes and disputes clauses.

Sources

  1. Acquisition.gov: FAR 52.243-4, Changes
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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