CONSTRUCTION & BIM SENDING A CLEAR MESSAGE
Dr Stuart Kings, NEC (New Engineering Contract) author and technical director at Sypro, explains why formalised communications matter on construction projects.
Management of construction projects relies on fast, clear communication to keep buildings safe, compliant and operational. Today, much of that communication happens through informal digital and mobile channels like WhatsApp, Microsoft Teams and text messages, often responding to issues on site in real time and enabling quick decisions to avoid disruption.
Despite their informal nature, these messages can be legally binding and why contract management tools should be a preferred method to ensure clarity when communicating instructions.
From a legal perspective, a contract does not need to be a formal document. If there is an offer, acceptance and an intention then a contract may exist regardless of the medium used. The much-publicised judgement from the Technology and Construction Court (TCC) on Jaevee Homes Ltd v Fincham [2025] became a notable case on how WhatsApp communications could constitute a contract between parties to a construction project,
indicating a mutual agreement on the scope of work, start date, price and payment terms.
Even the briefest of exchanges such as “yes, crack on” have been found to imply contractual approval where work was subsequently carried out, even on high value projects.
Why facilities managers are
particularly exposed With projects governed by structured processes for instructions, variations and compensation, facilities managers need to be aware of the potential risk of all communications. When communication takes place outside those processes, it becomes easy to approve work unintentionally or to bypass contractual safeguards designed to protect both client and supplier.
The risk increases when multiple communication methods are used at the same time. Emails, texts, WhatsApp messages and contract management systems running in parallel create confusion over which
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