Power of Engineer to Fix Rates. Provided that if the nature or amount of any varied work relative to the nature or amount of the whole of the Works or to any part thereof, is such that, in the opinion of the Engineer, the rate or price contained in the Contract for any item of the Works is, by reason of such varied work, rendered inappropriate or inapplicable, then, after due consultation by the Engineer with the Employer and the Contractor, a suitable rate or price shall be agreed upon between the Engineer and the Contractor. In the event of disagreement, the Engineer shall fix such other rate or price as is, in his opinion, appropriate and shall notify the Contractor accordingly, with a copy to the Employer. Until such time as rates or prices are agreed or fixed, the Engineer shall determine provisional rates or prices to enable on-account payments to be included in certificates issued in accordance with Clause 15. Provided also that no varied work instructed to be done by the Engineer pursuant to Clause 13.1 &13.2 shall be valued under Sub-Clause 13.3 or under this Sub-Clause unless, within 14 days of the date of such instruction and, other than in the case of omitted work, before the commencement of the varied work, notice shall have been given either:
Power of Engineer to Fix Rates. 2) Provided that if the nature or amount of any omission or addition relative to the nature or amount of the whole of the Works or to any part thereof shall be such that, in the opinion of the Engineer, the rate or price contained in the Contract for any item of the Works is, by reason of such omission or addition, rendered unreasonable or in applicable, then a suitable rate or price shall be agreed upon between the Engineer and the Contractor. In the event of disagreement, the Engineer shall fix such other rate or price as shall, in his opinion be reasonable & proper having regard to the circumstances. Provided also that no increase or decrease under Sub-clause (1) of this Clause or variation of rate or price under Sub-clause (2) of this Clause shall be made unless, as soon after the date of the order as is practicable and, in the case of extra or additional work, before the commencement of the work or as soon thereafter as is practicable, notice shall have been given in writing:-
Power of Engineer to Fix Rates. 49.2 Provided that if the nature or amount of any omission or addition relative to the nature or the amount of the whole of the works or to any part thereof shall be such that, in the opinion of the Engineer, the rate or price contained in the contract for any item of the works is, by reason of such omission, substitution or addition, rendered unreasonable or inapplicable, then a suitable rate or price shall be agreed upon between the Engineer and the Contractor. In the event of disagreement the Engineer shall fix such order rate or price as shall in his opinion, be reasonable and proper having regard to the circumstances. The Engineer's rate and decision shall be final. Provided also that no increase or decrease under sub-clause (1) of this clause or variation of rate or price under sub-clause (2) of this clause shall be made unless, as soon after the date of the order as it is practicable and in the case of additional or extra work, before the commencement of the work or as soon after the date of the order as it is practicable and, in the case of additional or extra work, before the commencement of the work or as soon thereafter as is practicable, notice shall have been given in writing by the contractor to the Engineer of his intention to claim extra payment or a varied rate or price or Claims
Power of Engineer to Fix Rates. Provided that if the nature of amount of any omission or addition relative to the nature or amount of the whole of the contract work or to any part thereof shall be such that in the opinion of the Engineer the rate or price contained in the contract for any item of the workis by reason of such omission or additions rendered unreasonable or inapplicable, the Engineer shall fix such other rate or price as in the circumstances he shall think reasonableand proper. Provided also that no increase of the Contract Price under sub-clause (1) of this clause on variation of rate or price under sub-clause (2) of this clause shall be made unless as soonafter that date of the order as is practicable and in the case of extra or additional work before the commencement of the work or as soon thereafter as is practicable notice shall have been given in writing.
