Common use of INSTRUCTIONS AND VARIATIONS Clause in Contracts

INSTRUCTIONS AND VARIATIONS. Instructions The Contractor shall comply with all written instructions issued to it by the Company on the Company's standard site instruction form but not further or otherwise, save as expressly stated herein. Variations Where an instruction by the Company requires a material change to the Contract Works ("Variation") then clauses 10.2 to 10.6 shall apply. The Contractor shall, if required to do so by the Company, commence and efficiently, regularly and diligently carry out and complete any Variation issued by the Company notwithstanding that the Company may not have ascertained the value of the Variation in accordance with clause 10.3 at the time the work is actually carried out by the Contractor. A Variation may include an omission of any part or parts of the Contract Works from the Contract. Valuation The value of a Variation (including an omission of any part or parts of the Contract Works from the Contract) shall be ascertained by the Company by reference to the rates and prices specified in the Contract Sum Analysis, or set out in bills of quantities or schedules of rates or elsewhere in the Contract, if any, for similar or analogous work, but if there are no such rates or prices, or if they are not applicable, then the value shall be such as is reasonable in all the circumstances. The Contractor shall provide the Company with any information reasonably necessary for such valuation. The Contractor shall not be entitled to payment for any Variation which was necessitated in whole or in part by any act or omission or default by the Contractor and/or its servants agents suppliers or sub-contractors. Extensions of Time The Contractor may be entitled to an extension of time under clause 9.3 where the Company has issued a Variation under clause 10.2. In such circumstances the Company will determine the extent of any entitlement pursuant to clause 9.3. Dayworks A Variation shall only be valued on a daywork basis in accordance with the daywork rates included in the Contract where the Contractor has been ordered in writing by the Company to carry out the Variation on such a basis. The signature on any daywork sheet will only be taken as verification of the resources used and shall not constitute authority for the execution of the work or the method of ascertaining and valuing the Variation, or acceptance that the work constituted a Variation. Notification Without prejudice to clauses 10.1 to 10.5, where the Contractor considers that any work to be undertaken by it will constitute a Variation, the Contractor shall notify such work in writing to the Company prior to the execution of such work. The Company will have no liability to the Contractor whether in respect of any adjustment to the Contract Sum and/or adjustment to the Anticipated Completion Date if in respect of any valid Variation such written notification is not given to the Company prior to the Contractor carrying out such work.

INSTRUCTIONS AND VARIATIONS. Instructions The Contractor shall comply with all written instructions issued to it by the Company on the Company's standard site instruction form but not further or otherwise, save as expressly stated herein. Variations Where an instruction by the Company requires a material change to the Contract Works ("Variation") then clauses 10.2 to 10.6 shall apply. The Contractor shall, if required to do so by the Company, commence and efficiently, regularly and diligently carry out and complete any Variation issued by the Company notwithstanding that the Company may not have ascertained the value of the Variation in accordance with clause 10.3 at the time the work is actually carried out by the Contractor. A Variation may include an omission of any part or parts of the Contract Works from the Contract. Valuation The value of a Variation (including an omission of any part or parts of the Contract Works from the Contract) shall be ascertained by the Company by reference to the rates and prices specified in the Contract Sum Analysis, or set out in bills of quantities or schedules of rates or elsewhere in the Contract, if any, for similar or analogous work, but if there are no such rates or prices, or if they are not applicable, then the value shall be such as is reasonable in all the circumstances. The Contractor shall provide the Company with any information reasonably necessary for such valuation. The Contractor shall not be entitled to payment for any Variation which was necessitated in whole or in part by any act or act, omission or default by the Contractor and/or its servants agents suppliers or sub-contractors. Extensions of Time The Contractor may be entitled to an extension of time under clause 9.3 where the Company has issued a Variation under clause 10.2. In such circumstances the Company will determine the extent of any entitlement pursuant to clause 9.3. Dayworks A Variation shall only be valued on a daywork basis in accordance with the daywork rates included in the Contract where the Contractor has been ordered in writing by the Company to carry out the Variation on such a basis. The signature on any daywork sheet will only be taken as verification of the resources used and shall not constitute authority for the execution of the work or the method of ascertaining and valuing the Variation, or acceptance that the work constituted a Variation. Notification Without prejudice to clauses 10.1 to 10.5, where the Contractor considers that any work to be undertaken by it will constitute a Variation, the Contractor shall notify such work in writing to the Company prior to the execution of such work. The Company will have no liability to the Contractor whether in respect of any adjustment to the Contract Sum and/or adjustment to the Anticipated Completion Date if in respect of any valid Variation such written notification is not given to the Company prior to the Contractor carrying out such work.