Common use of Claim for Variation Clause in Contracts

Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor is not responsible for the Defect (or the relevant part) the: Contract Price will be adjusted in accordance with clause 11.3; and Contractor will be entitled to an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; or the Contractor is responsible for the Defect (or the relevant part): the Contract Administrator will determine the: value of the Variation in accordance with clause 11.3; and cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; the Contract Price will be adjusted by the difference between the valuations under subparagraph (i) as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contract Price will be increased by the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the Contract Price will be decreased by the difference and will be a debt due from the Contractor to the Commonwealth; and the Contractor will not be entitled to claim an extension of time to any Date for Completion.

Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor Subcontractor is not responsible for the Defect (or the relevant part) the: Contract ): the Subcontract Price will be adjusted in accordance with clause 11.3; and Contractor the Subcontractor will be entitled to an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; or the Contractor Subcontractor is responsible for the Defect (or the relevant part): the Contract Administrator Contractor’s Representative will determine the: value of the Variation in accordance with clause 11.3; and cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; the Contract Subcontract Price will be adjusted by the difference between the valuations under subparagraph (i) as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contract Subcontract Price will be increased by the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the Contract Subcontract Price will be decreased by the difference and will be a debt due from the Contractor Subcontractor to the CommonwealthContractor; and the Contractor Subcontractor will not be entitled to claim an extension of time to any Date for Completion.

Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor is not responsible for the Defect (or the relevant part) the: Contract Delivery Phase Price will be adjusted in accordance with clause 11.3; and Contractor will be entitled to an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; or the Contractor is responsible for the Defect (or the relevant part): the Contract Administrator will determine the: value of the Variation in accordance with clause 11.3; and cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; the Contract Delivery Phase Price will be adjusted by the difference between the valuations under subparagraph (i) as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contract Delivery Phase Price will be increased by the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the Contract Delivery Phase Price will be decreased by the difference and will be a debt due from the Contractor to the Commonwealth; and the Contractor will not be entitled to claim an extension of time to any Date for Completion.

Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor is not responsible for the Defect (or the relevant part) the: ): the Contract Price will be adjusted in accordance with clause 11.3; and the Contractor will be entitled to an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; or the Contractor is responsible for the Defect (or the relevant part): the Contract Administrator will determine thedetermine: the value of the Variation in accordance with clause 11.3; and the cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; the Contract Price will be adjusted by the difference between the valuations under subparagraph (i) as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contract Price will be increased by the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the Contract Price will be decreased by the difference and will be a debt due from the Contractor to the Commonwealth; and the Contractor will not be entitled to claim an extension of time to any Date for Completion.