VARIATION ACCORDING TO PUBLIC PROCUREMENT SYSTEM 22. Variations 22.

1 All variations shall be included in updated programs produced by the Contractor. 22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the variations when requested to do so. The Project Manager shall assess the quotation, which shall be given within seven days of the request or within any longer period as may be stated by the Project Manager and before the Variation is ordered. 22.3 If the work in the variation corresponds with an item description in the Bills of Quantities and if in the opinion of the Project Manager, the quantity of work is not above the limit stated in Clause 21.2 or the timing of its execution does not cause the cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to calculate the value of the variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the variation does not correspond with items in the Bills of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work. 22.4 If the Contractors quotation is unreasonable, the Project Manager may order the variation and make a change to the Contract price, which shall be based on the Project Managers own forecast of the effects of the variation on the Contractors costs. 22.5 If the Project Manager decides that the urgency of varying the Work would prevent a quotation being given and considered without delaying the Work, no quotation shall be given and the variation shall be treated as a Compensation Event. 22.6 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning. 22.7 When the Program is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast.

VARIATION ACCORDING TO FIDIC 13: Variations and adjustment Right to vary Variations may be initiated by the Engineer at any time prior to issuing the Taking-Over Certificate for the works, either by an instruction or by a request for the contractor to submit a proposal The contractor shall execute and be bound by each Variation; unless the contractor promptly give notice to the Engineer stating that the contractor cannot readily obtain the goods required for the variation. Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction. The variations may include: Changes to quantities of any item of work included in the contract Changes to the quality and other characteristics of any item of the work Changes to the levels, positions and or dimensions of any part of the work Omission of any work unless it is to be carried out by others Any additional work, plants, materials or services necessary for the permanent works

Changes to the timing or sequence of the execution of the works Variation procedure If the Engineer requests a proposal, prior to instructing a variation, the contractor shall respond in writing as soon as possible, either by giving reasons why he cannot comply or by submitting: A description of the proposed works to be performed and a programme for its execution The contractors proposal for any necessary modifications to the programme The contractors proposal for evaluation of the variation.

The contractor shall not delay any work while waiting for response. Each instruction to execute a variation, with any requirements for the recording of costs shall be issued by the Engineer to the contractor, who shall acknowledge receipt Each variation shall be evaluated in accordance with clause12 (Evaluation) unless the Engineer instruct or approves otherwise in accordance with this clause. 13.4 payments in applicable currencies If the contractor provides for payments of the contract price in more than one currency, then whenever an adjustment is agreed, approved or determined as stated above, the amount payable in each of the currencies be specified. For this purpose reference shall be made to the actual or expected currency proportions of the cost of the varied work, and to the proportions of various currencies specified for payment of the contract price. 13.5 provisional sums Each provisional sum shall only be used, in whole or in part, in accordance with the Engineers instructions and the contract price shall be adjusted accordingly. The total sum paid to the contractor shall include only such amounts for works supplies or services to which the provisional sum relates, as the Engineer shall have instructed. For each provisional sum, the Engineer may instruct Works to be executed by the Contractor and valued under sub-clause 13.3 Plants, materials or services to be purchased by the contractor, from a nominated subcontractor The contractor shall, when required by the Engineer, produce quotation, invoices, vouchers and accounts or receipts in substantiation 13.6 Day works For works of a minor or incidental nature, the engineer may instruct that a variation shall be executed on a day works basis. The work shall then be valued in accordance with the Day work

Schedule included in the contract, and the following procedure shall apply. If a day work schedule is not included in the contract, this sub-clause shall not apply. Before ordering goods for work, the contractor shall submit quotations to the Engineer. When applying for payment, the contractor shall submit invoices, vouchers and accounts or receipts for any goods Except for any items for which the day works schedule specifies that payment is not the contractor shall deliver each day to Engineer accurate statements in duplicate which shall include the following details of the resources used in executing the previous days work The names, occupation and time f contractors personnel The identification, type and time of contractors equipment and temporary works The quantities and types of plant and materials used

13.7Adjustments for changes in legislation The contractor price shall be adjusted to take account of any increase or decrease in cost resulting from a change in the laws of the country or in the judicial or official government interpretation of such laws, made after the base date, which affects the contractor in the performance of obligation under the contract If the contractor suffers delay and/or incurs additional cost as a result of these changes in the law interpretations, made after the base date, the contractor shall give notice to engineer and shall be entitled subject to sub-clause 20.1(contractors claims) 13.8 Adjustment for changes in cost In this sub-clause applies the amounts payable to the contractor shall be adjusted for rises or falls in the cost of labour. Goods and other inputs to the works, by the additional or deduction of the amount determined by the formulae prescribed in this sub-clause. To the extent that full compensation for any rise or fall in cost is not covered by the provisions of this or other clauses, the accepted contract amount shall be deemed to have included amount to cover the contingency of other rises and falls in cost

VARIATION ACCORDING TO ICE Order variations 51(1) the Engineer: Shall order any variations to any part of works that is in his opinion necessary for the completion of the works May order any variation that for any reason shall in his opinion be desirable for the completion and/or improved functioning of the works Order variation to be in writing (2) All variations shall be ordered in writing but provisions of clause 2 (6) in respect of oral instructions shall apply Variations not to affect contract (3) No variation ordered in accordance with sub-clause (1) and (2) of the clause shall in any way vitiate or invalidate the contract but the value (if any) of such variations shall be taken into account in ascertaining the amount of the contract price except to the extent that such variation is necessitated by the contract default. Changes in the quantities (4) No order in writing shall be required for increase or decrease in the quantity of any work where such increase or decrease is not the result of any order give under this clause but in the result of the quantities exceeding or being less than those stated in the bill of quantities Valuation of ordered variations 52(1) if requested by the Engineer, the contractor shall submit his quotation for any proposed variation and his estimate of any consequential delay whenever possible the value and delay consequence if any of each variation shall be agreed before the order is issued or before works starts

(2) Where a request is not made or agreement is not reached under sub-clause (1), the valuation of variations order by the engineer in accordance with clause 51 shall be ascertained as follows a. As soon as possible after receipt of the variations, the contractor shall submit to the Engineer His quotation for any extra or substituted works necessitated by the variation having due regard to any rates or prices included in the contract His estimate of any delay occasioned thereby His estimates of the cost of any such delay

b. Within 14 days of receiving the paid submission, the engineer shall Accept those submission or Negotiate with contractor there on

c. Upon reaching agreement with the contractor, the contract shall be amended accordingly Failing agreement between the engineer and the contractor under either sub-clause (1) and (2), the value of variation ordered by Engineer in accordance with clause 51 shall be ascertained by the Engineer in accordance with the following principle and be notified to the contract a) Where work is of similar character and carried out under similar conditions to work price in the bill of quantities it shall be valued at such rates and prices contained there in as may be applicable b) Where work is not of a similar character or is not carried out under similar conditions or ordered in bill of quantities shall be used as basis for valuation so far as may be reasonable failing which a fair valuation shall be made VARIATION ACCORDING TO JBC Variations and its Scope

Variation is the alteration or modification of the design, quality or quantity of the Works as shown upon the contract drawings and described by or referred to in the Contract Bills and specification. (JBC 1999) The Works includes the following; i) The addition, omission or substitution of any item of work ii) The alteration of the kind or standard of any of the materials or goods to be used in the works iii) The removal from the site of any work, materials, or goods brought upon the Works by the contractor for the purposes of the Works other than work, materials, or goods which are not in accordance with the contract. iv) The issue of instructions by the architect in regard to the expenditure of the prime cost and provisional sums included in the contract bills and of prime cost sums which arise as a result of instructions issued in regard to the expenditure of provisional sums. Architects Authority and Conditions to order Variations The Joint Building Council Conditions of Contract gives the Project Architect the conditional but express authority to order or sanction variations to the contract on such works or a nature as aforementioned. In as much as the bestowment of such express authority to the Architect, when sanctioning or ordering any a variation as to the nature of works consistent with the above, the Architect must ensure that; i) Such alterations does not vitiate the contract; ii) Such variations does not substantially change the scope or object of the contract without the consent of the Employer and the Contractor; iii) The value of such variations must not exceed 15% of the builders work without the consent of the Employer and the Contractor;

iv) Such variations executed by the contractor for which provisional sums are included in the contract bills, must be assessed by the Quantity Surveyor giving the Contractor an opportunity to be present at the time of making such assessment and or measurements; v) All such variations are communicated to the Employer.

Architects Limitations to Ordering Variations However, the Project Architect has limited authority on ordering variations as to the following content of the contract and its conditions; i) The Architect shall have no authority to alter or amend the terms and conditions of the contract unless otherwise expressly stated in the contract; ii) The Architect shall have no authority to relieve the Contractor of any of his obligations under the contract unless otherwise expressly stated in the contract; iii) The Architect shall have no authority to issue an instruction requiring a variation for additional work exceeding 0.01% of the contract price without prior approval of the Employer unless otherwise communicated by the Employer to the Architect and to the Contractor.