The purpose of this article is to explore the Employer's Representative Instruction module.
Video content is available below.
The below article is based upon the FIDIC contract type and the terminology reflects this. Certain actions may be unavailable if you do not have the appropriate permissions. Please speak with your Superuser if this is the case.
In order to access the ERI register, first navigate to the left-hand expandable menu, then select Registers > Employer's Representative's Instructions:
You can filter the register by utilising the free-text box at the top of each column. Here you can enter text referring to the particular event, or use a drop-down box to select a specific value (e.g. date):
When printing/exporting, you can choose between a variety of formats:
Navigate to the left-hand expandable menu and select Create New > ERI (General):
The below edit screen will be displayed and the below highlighted fields are compulsory to be filled in before the event can be communicated:
Once an event has been communicated, it will be given a unique reference number and a reminder will be visible within the Contractor's reminders page to bring the event to their attention.
An instruction can be cancelled if no longer necessary. This can done by navigating to the original Instruction tab of the event and selecting Cancel Instruction. The event will then appear as greyed out with a strike through it within the register:
This will generate a reminder within the Contractor's reminders page to make them aware of the cancellation.
Once a ERI has been communicated, a reminder will be displayed within the Contractor's reminders page, prompting their reply.
When clicking the reminder, this will open up the event onto the Instruction tab, to enter a reply, navigate to the Reply tab located to the right.
The reply tab consists of 2 compulsory fields that must be completed to allow the communication of the event. These are as follows;
The Contractor...
Acknowledges this instruction - Closes the event
Believes this constitutes a VAR - Requires a response/decision to be made by the Employer
Gives notice ERI will prevent us complying with Contractual obligations - Requires a response/decision to be made by the Employer
- Details of the decision
If the Contractor selects the option Believes this constitutes a VAR, provided the Employer agrees, this will then create a draft RFP (Request for Proposal). These events will then automatically be associated to one another.
Replying with Gives notice ERI will prevent us from complying with Contractual obligations or Variation is prohibited by law or will reduce safety of the Works, the Employer may;
Confirm - Cancels ERI (the event will then appear as greyed out with a strike through it within the register)
Disagree - Proceed with ERI (closes the event)
If the Contractor believes a general instruction constitutes of a Variation, or prevents them from complying with Contractual obligations, they may require a decision to be made by the Employer. This will generate a reminder within the Employer's reminders page.
If the Contractor has responded with: Believes this constitutes a VAR, the Employer can make their decision from the following;
Pending - decision yet to be made
Yes - creates a draft RFP and associates the events together
No (selects appropriate reason) - closes the event
Alternatively, if the decision made by the Contractor is regarding the prevention of them from complying with Contractual obligations, the Employer can make their decision from the following;
Pending - decision yet to be made
Confirm - cancels ERI and the event will appear as greyed out with a strike through it within the register
Disagree - closes the event and the ERI is not cancelled