PROJECT NAME:

VARIATION PROCEDURE [REV.00]

[FIDIC MAIN CONTRACT CLAUSES 51, 52 & 60] & [SUB CONTRACT CLAUSES 8,9, 10 & 11]

PART PART
PART B PART
PART C PART
PART D
PART A
A B C D
IDENTIFICATION
IDENTIFICATION NOTIFICATION
NOTIFICATION SUBMISSION
SUBMISSION DETERMINATION
DETERMINATION
10
10 DAYS
DAYS FROM
FROM IDENTIFICATION
IDENTIFICATION ASAP
ASAP FROM
FROM THE
THE NOTIFICATION,BUT
NOTIFICATION,BUT WITHIN
WITHIN THE
THE MONTH
MONTH ENGINEER
ENGINEER TO
TO CERTIFY
CERTIFY (28
(28 DAYS
DAYS FROM
FROM RECEIPT
RECEIPT OF
OF
INTENDED
INTENDED TO
TO CLAIM
CLAIM STATEMENT)
STATEMENT)
Submit VO Particulars including all
necessary back up documents (as
per format provided) asap after
01
01 04 06
02
02 Notification, but in any event in the 04 06
same month SC intends to claim 28 + 7 Days from Receipt of
Submit Contractor
Contractor pass
pass on
on respective
respective
Issue
Issue Notification
Notification Submit Particulars
Particulars of
of Application/Statement
Engineer's
Engineer's
of Variation
Variation
of Variation
Variation (NOV)
(NOV) SC*
determination/certification
determination/certification to
to
SC* CL10,
CL10, MC*
MC* CL52
CL52 7 Days from Engineer's SC
MC*
MC* CL52.2
CL52.2 par
par 2
2&&
Determination/Certification
SC (7days
(7days after
after receipt).
receipt).
SC*
SC* 11.1
11.1 SC*
SC* CL11.2,
CL11.2, MC*
MC* CL60
CL60
(Which ever later)
Include
Particulars
Event
Event of
of Variation
Variation Arises
Arises of VO in PA

(NOV)*
Instruction
Instruction from
from Main
Main

Days
10
Contractor
Contractor (SC*
(SC* CL8
CL8 ,9.1
,9.1 &
& 9.2)
9.2)
Confirmation
Confirmation ofof Verbal MONTHLY
Instruction
Verbal MONTHLY PAYMENT
PAYMENT APPLICATION
APPLICATION
Instruction (MC*
(MC* CLCL 2.6)
2.6)
VO Amounts to be Include
included within next
05
05 Include Variation
Variation Amount
Amount inin
MPA for MPA
MPA for
for assessment
assessment and
and on-
on-
assesment/payment account payment until
account payment until
rates/prices
rates/prices are
are agreed
agreed or
or
fixed
fixed
MC*
MC* CL52.1,
CL52.1, CL60.1
CL60.1 &
& CL60.2
CL60.2

03
03

Keep
Keep Contemporary
Contemporary
Records
Records
SC*
SC* CL11.1
CL11.1

Valuation Engineer's
Engineer's determination/certification
determination/certification period,
period, under
under MC*
MC* CL60.1
CL60.1 &
& MC*
Valuation ofof Variation
Variation (MC*
(MC* CL52.1
CL52.1 & & SC*
SC* CL10.2)
CL10.2) MC*
Shall CL60.2,
CL60.2, is
is 28
28 days
days from
from the
the statement/application
statement/application submission
submission date
date by
by the
Shall be
be valued
valued by
by Engineer
Engineer asas follows:
follows: Contractor.
the
at
at rates
rates and
and prices
prices set
set out
out in
in the
the Contract
Contract (if
(if applicable)
applicable) Contractor.
Subcontractor
Subcontractor identified
identified potential
potential Variation
Variation (SC* Conditions
Conditions of
of Main
Main Contract
Contract MC*
MC* CL52.2
CL52.2 if
(SC*
(paragraph if rates
rates and
and prices
prices (in
(in Contract)
Contract) notnot applicable
applicable to to varied
varied works,
works, then
then it
it shall
shall
CL9.1,
CL9.1, 9.2
9.2 &
& MC*
MC* 51.1,
51.1, 51.2).
51.2). (paragraph 2),
2), Main
Main Contractor
Contractor isis to
to notify
notify be
be used
used as
as basis
basis for
for valuation
valuation soso far
far as
as may
may be
be reasonable
reasonable
Engineer
Engineer within
within 14
14 days
days of
of such
such instruction
instruction of failing
varied works.
of failing which, after due consultation with the Employer
which, after due consultation with the Employer andand Contractor,
Contractor,
varied works. suitable rates and prices will be agreed
suitable rates and prices will be agreed
In accordance with SC* CL 11.1, Subcontractor in
In accordance with SC* CL 11.1, Subcontractor
shall in event
event of
of disagreement
disagreement thethe Engineer
Engineer shall
shall fix
fix such
such rates
rates and
and prices
prices as
as are
are in
in
shall provide
provide notice
notice to
to Contractor
Contractor in
in suffficient
suffficient his
his opinion
opinion appropriate
appropriate and
and shall
shall notify
notify the
the Contractor
Contractor accordingly
accordingly
time
time to
to enable
enable Contractor
Contractor to
to comply
comply with
with MC*
MC*
terms
terms (10
(10 days).
days).

*NOTE
1) MC = MAIN CONTRACT
2) SC = NOMINATED SUBCONTRACT
3) NOV = NOTIFICATION OF VARIATION
4) MPA = MONTHLY PAYMENT APPLICATION

SC*
SC* CL11.3
CL11.3 Effects
Effects of
of Failure
Failure To
To Give
Give Notices,
Notices, "if
"if by
by reason
reason of
of any
any failure
failure by
by the
the Subcontractor
Subcontractor to
to comply
comply with
with the
the provisions
provisions of
of Sub-Clause
Sub-Clause 11.1
11.1 the
the Contractor
Contractor is
is prevented
prevented from
from recovering
recovering any
any sum
sum from
from the
the Employer
Employer under
under the
the Main
Main Contract
Contract in
in respect
respect of
of the
the Main
Main Works,
Works,
then
then without
without prejudice
prejudice to
to any
any other
other remedy
remedy ofof the
the Contractor
Contractor for
for such
such failure,
failure, the
the Contractor
Contractor may
may deduct
deduct such
such sum
sum from
from monies
monies otherwise
otherwise due
due to
to the
the Subcontractor
Subcontractor under
under the
the Subcontract.."
Subcontract.."
 PROJECT NAME
PROCEDURES FOR EOT AND/OR CLAIM FOR ADDITIONAL PAYMENT
(FIDIC '87 with '99 amendments, STANDARD CONDITIONS OF CONTRACT CLAUSES 44 & 53)
CONTRACT
PART
PART A
A PART
PART B
B PART
PART C
C PART
PART D
D
IDENTIFICATION NOTIFICATION SUBMISSION DETERMINATION
28
28 DAYS
DAYS FROM
FROM IDENTIFICATION
IDENTIFICATION 28
28 DAYS
DAYS FROM
FROM THE
THE NOTIFICATION
NOTIFICATION 56
56 DAYS
DAYS FROM
FROM SUBMISSION
SUBMISSION
(SUBCONTRACTOR TO NOTIFY 14 DAYS FROM
(SUBCONTRACTOR TO NOTIFY 14 DAYS FROM
IDENTIFICATION)
IDENTIFICATION)

06
06 08
08 09
09
01 02
02
01 Submit
Issue
04
04 Submit Final
Final Engineer’s
Issue Notification
Notification Particular
Particular of
of Engineer’s
Determination
of 56
of Delay/Claim
Delay/Claim Continuing
Continuing NO Delay/Claim
Delay/Claim Days
Determination
C44.2,
C44.2, C44.3
C44.3 &
& 53.3
(NOD/NOC)
(NOD/NOC) Effect
Effect MC
MC C44.2,
C44.2, 44.3
44.3 &
& 53.3
53.3 (NOD/NOC)
53.3 Issue
Issue of
of EI
EI
C44.2
C44.2 &
& C53.1
C53.1 28
Days
Events
Events of
of (NOD/NOC)
Claims
Claims Arises
Arises 28 28 14 28

(NOD/NO
days

Days
days days days

28
Instruction
Instruction from

C)
from (NOD) (NOC) (NOD) (NOC)
Engineer/
Engineer/ Event
Event
(MC CL44.1),
(MC CL44.1),
Confirmation YES YES
Confirmation ofof
Verbal
Verbal Instruction
Instruction
(MC
(MC C2.6)
C2.6) CONTINUING EFFECT
Potential
Potential 07
07
Delay/Claim
Delay/Claim End
End of
of
(MC
(MC C6.3)
C6.3) Effect
Etc. Effect
Etc.
05
05 NO
Submit
Submit Interim
Interim
Particular
Particular of
of
Delay/Claim
Delay/Claim
C53.3
C53.3 &
& 44.3
44.3
03
03
Keep
Keep
Contemporary
Contemporary
Records
Records
C53.2
C53.2
Supporting
Supporting Evidence
Evidence (C44.2)
(C44.2)
Identification
Identification of
of the
the event,
event,
Liability
Liability for
for the
the event;
event;
C44.2
C44.2 &
& C53.1
C53.1 Notify
Notify the
the Engineer
Engineer with
with aa Reference
copy Reference toto contractual
contractual entitlement;
entitlement;
copy to
to Employer.
Employer. The
The Contractor’s
Contractor’s Progress
Progress at
at the
the time
time of
of the
the event
event
Details
Details description
description ofof the
the effect
effect of
of the
the event
event (including
(including length
length of
of delay);
delay); and
and
Demonstration
Demonstration of the effects of
of the effects of the
the event
event upon
upon the
the consented
consented Clause
Clause 14
14
Programme
Programme