How do I confirm a verbal instruction in writing?
Write a short note or email the same day saying who told you what, when, which drawing it affects and what you think it will cost or delay. Ask for a reply, and log it. Many contracts have their own way of confirming instructions, so check yours.
Why confirm it
Instructions on site are often given face to face: "move the door", "use the other brick", "can you take that wall out as well". If the work is different from the contract, it may be a variation, and that can mean extra cost or extra time. If nobody wrote the instruction down, months later it is your word against theirs.
A written confirmation does not force anyone to pay. It gives you a dated record of what you were told, which is what you will need if the cost or the programme is questioned. Whether you are entitled to money or time depends on your contract.
What to include
Keep it short and factual:
- who gave the instruction, and their role
- the date, time and place
- what was said, in plain words
- the drawing or spec reference affected, with the revision
- what you have done, or will do, as a result
- the cost and time effect, if you know it. If you do not yet know, say it is being worked out and when you will give it
- who else was there
Do not argue the point or add opinion. Write what happened.
An example
"Dear [name]. Confirming your instruction today, Tuesday 20 October at about 10:30, on site at the cottage near Kew Gardens. You asked us to move the rear door opening 600 mm to the left. This affects drawing A-201 revision C. We have not started work on that wall. We will price the change and let you know by Friday. It may affect the lintel order. Please reply to confirm this is your instruction, or tell us if it is not. Regards, [name]"
Send it the same day
Send it that day, while everyone remembers the same thing. A note sent a week later, after the work is done, is much weaker than one sent that afternoon. Email is fine because it carries a date and time. Send it to the person who gave the instruction and to whoever your contract says should receive instructions.
Ask for a reply. A "yes, confirmed" is the best result, and a "no, that is not what I said" is also useful, because you have found the disagreement before the work was built. Do not assume that silence means agreement. Whether it counts as agreement is down to your contract and the circumstances.
Check your contract
Many contracts set out how instructions must be given and confirmed, who is allowed to give them, and how variations are valued and notified. Some set time limits. They differ, so check your contract. If it says instructions must be in writing or come from a named person, a verbal instruction from someone else may not count, and you should say so politely and ask for it in the right form.
If the instruction affects safety, deal with the safety question first and confirm in writing straight after.
Keep a register
Keep a numbered register of every confirmation, along with your site diary. One line per instruction is enough:
- number and date
- who gave it and what it was
- drawing affected
- cost and time effect, and whether it has been agreed
- date a reply came back
- whether a variation or revised drawing followed
Review the register at least weekly. Anything with no reply or no agreed price needs chasing. At the final account, the register gives you the dates and details to work from.