Clause 13:Variations

• Definition:
any change in
 quantities of any item of work included in the contract
 quality of work
 levels , positions, or dimensions of any part of the work
 Omissions of any work
 Any additional work, plant, material or services necessary for permanent work
 the sequence or timing of the execution of the works.
Which the engineers /employer or contractor finds it necessary to complete the permanent work

• right to vary (13.1):

 Variation may be initiated by engineer at any time prior issuing taking over certificate for the works, either by an instruction or by a
request for the contractor to submit a proposal

 The contractor should

 agree to the variation or

 Disagree gives notice to the engineer stating that contractor could not obtain the required goods or the variation trigger the substantial change in
progress of the work. Upon receiving the notice, engineer shall cancel , confirm or vary the instruction.
Clause 13:Variations
Sub clause 3.1:
 if the engineer is required to obtain the approval of the employer before executing a specified authority, the
requirement shall be stated in particular conditions.
 The engineer should obtain specific approval of the employer before taking actions on the following sub clauses :
 Sub clause 4.12: agreeing or determining an extension of time /additional cost
 Sub clause 13.1: instructing a variation , except:
 In an emergency situation as determined by the engineer
 If such a variation would increase the accepted contract amount by less then the percentage specified in the
contract data
 Sub clause 13.1: approving a proposal for variation submitted by the contractor in accordance with sub clause 13.1
( right to vary ) or 13.2 ( value engineering)

• Particular condition of contracts:

• Sub clause 3.1 (b)(ii): variations resulting in an increase of the accepted
contract amount in excess of 2% shall require approval of the employer
Clause 13:Variations
• Sub clause 13.3 Variation Procedure
• If engineer requests for a proposal , prior to instructing a variation , the contractor shall
respond in writing as soon as practical
• He can not comply( reasons)
• Agree to the variation and submit
• Description of the proposed work to be performed and a program of its execution
• The contractor proposal for modification to the program and time extension
• Contractor proposal for evaluation of the variation
• The engineer should as soon as practicable after receiving such proposal , respond with
approval, disapproval or comments
• Each variation shall be evaluated in accordance with clause 12 (measurement and evaluation)
Clause 13:Variations
• Sub clause 12.3 Variation evaluation
• If the work in variation corresponds to an item description in the BoQ, and if the quantity for work or
timing do not cause the cost per unit quantity to change , the rate in BoQ shall be used to calculate the
value of variation.
• A new rate or price shall be appropriate for an item of work if:
• The measured quantity of the items is changed by more the 25% from the quantity of this item in BoQ
• The change of quantity multiplied by such specified rate for this items exceeds 0.25% of accepted contract
amount
• This change in quantity directly changes the cost per unit quantity of this item by more then 1% ( ask for
breakdown of unit rates)
• This item is not Fixed rate item

• The engineer shall not adjust rates for the change in quantities if the intitial contract price exceeds 2% ,
except of the prior approval of the employer
• The contractor should provide the engineer the quotation for carrying out the variation when requested
to do so by the project manager. It should include the contractor's direct costs, overheads and profit is
necessary.
• the project manager should asses the quotation within 7 days of submission and agree or comment .
• If not agreed , then make a fair determination in accordance with the Contract, taking due regard of all
relevant circumstances.
The Claims Procedure
(1) If the Contractor considers himself to be entitled to an extension of the
Time for Completion and/or additional payment

 the Contractor must give notice to the Engineer as soon as practicable and “not later than 28 days after the Contractor became
aware, or should have become aware, of the event or circumstance” giving rise to the claim.
 The Contractor has merely to give a bare notice of claim within 28 days. A one- or two-sentence letter will do. The Contractor
does not need to state the amount or time claimed nor the contractual basis of the claim nor provide any supporting
documents.
 If the Contractor fails to give such notice of claim within 28 days: “the Time for Completion shall not be extended, the
Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection
with the claim”
The Claims Procedure
(2) When the Contractor gives such a notice under the new Sub-Clause, he is
required

 to “keep such contemporary records as may be necessary to substantiate any claim”

 and the Engineer is authorized to monitor the Contractor’s record-keeping and/or instruct the Contractor to keep additional contemporary records

(3) Within 42 days after the Contractor became aware, or should have become
aware, of the event or circumstance giving rise to the claim:
 the Contractor is required to send to the Engineer (or Employer) “a fully detailed claim” which includes “full supporting particulars of the basis of the
claim and of the extension of time and/or additional payment claimed”.
The Claims Procedure
(4) Within 42 days after receiving a claim or any further particulars supporting a
previous claim,
 the Engineer (or Employer) must respond “with approval, or with disapproval and
detailed comments”.
 He may also request any necessary further particulars “but shall nevertheless give his
response on the principles of the claim within such time”.
Variations
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Variations
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Variations
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Variations
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