Can you claim for a verbal instruction?
Sometimes. It depends on the contract and on your evidence. Many contracts require a written instruction, so confirm every verbal instruction in writing on the day you get it.
What the contract says
Many contracts say a variation must be in writing and signed by the superintendent or principal. Some then say that an unwritten instruction gives no right to payment. Others allow a claim if the instruction can be proven.
Read the variation clause before you act on a phone call or a site chat. If the clause needs writing, ask for it before you do the work.
How to confirm it the same day
- Send an email that says who instructed what, when and where.
- State the work you will do and ask them to reply if it is wrong.
- Give a first price or a time estimate.
- Save the email and a note of any reply.
- Add the item to the variation register.
Other evidence that helps
Site diary entries, meeting minutes, photos and messages all show an instruction was given. The more of these you have, the stronger the claim.
Courts and adjudicators look at the facts. Whether a verbal instruction was valid is a legal question under your contract.
Related answers
Questions
Is a text message a written instruction?
It may be, if the contract allows it and the sender had authority. Check the notice clause.
What if the other party denies giving the instruction?
Your same day record is then your main evidence. Diary notes and witnesses help.
Need this done for your project?