Common use of Power to Vary The Work Clause in Contracts

Power to Vary The Work. alternations, amendments, omissions, additions, suspensions, or variations of the work, (hereinafter referred to as "variations") under the contract as shown by the contract drawings or the specification shall be made by the contractor except as directed in writing by the purchaser, but the purchaser shall have full power, subject to the provision hereinafter contained, from time to time during the execution of the contract by notice in writing to instruct the contractor to make such variation without prejudice to the contract and the contractor shall carry out such variations, and be bound by the same conditions, as far as applicable, as though the said variations occurred in the specification. If any suggested variations would, in the opinion of the contractor, if carried out, prevent him fulfilling any of his obligations or guarantees under the contract, he shall notify the purchaser thereof in writing, and the purchaser shall decide forthwith whether or not the same shall be carried out, and if the purchaser confirms his instructions, the contractor's obligations and guarantee shall be modified to such an extent as may be justified. The difference in cost, if any, occasioned by any such variations, shall be added to or deducted from the contract price as the case may require. The amount of such difference, if any, shall be ascertained and determined in accordance with the rates specified in the schedule of prices so far as the same may be applicable, and where the rates are not contained in the said Schedule, or are not applicable they shall be settled by the purchaser and the contractor jointly. But the purchaser shall not become liable for the payment of any charge in respect of any such variations, unless the instruction for the performance of the same shall have been given in writing by him. In the event of the purchaser requiring any variation, such reasonable a proper notice shall be given to the contractor as will enable him to make his arrangements accordingly, and in cases where goods or materials are already prepared, or any designs, drawings, or patterns made or work done that requires to be altered a reasonable sum in respect thereof shall be allowed by the purchaser. Provided that no such variations shall, except with consent in writing of the contractor, be such as will involve an increase or decrease of the total price payable under the contract by more than 25 percent thereof. The power given to the purchaser to make any alteration, amendment, omission, addition or variation to, from or in any part of the works shall include power to vary from time to time the date for the completion of the works or any part thereof.

Power to Vary The Work. alternations, amendments, omissions, additions, suspensions, or variations of the work, (hereinafter referred to as "variations") under the contract as shown by the contract drawings or the specification shall be made by the contractor except as directed in writing by the purchaser, but the purchaser shall have full power, subject to the provision hereinafter contained, from time to time during the execution of the contract by notice in writing to instruct the contractor to make such variation without prejudice to the contract and the contractor shall carry out such variations, and be bound by the same conditions, as far as applicable, as though the said variations occurred in the specification. If any suggested variations would, in the opinion of the contractor, if carried out, prevent him fulfilling any of his obligations or guarantees under the contract, he shall notify the purchaser thereof in writing, and the purchaser shall decide forthwith whether or not the same shall be carried out, and if the purchaser confirms his instructions, the contractor's obligations and guarantee shall be modified to such an extent as may be justified. The difference in cost, if any, occasioned by any such variations, shall be added to or deducted from the contract price as the case may require. The amount of such difference, if any, shall be ascertained and determined in accordance with the rates specified in the schedule of prices so far as the same may be applicable, and where the rates are not contained in the said Schedule, or are not applicable they shall be settled by the purchaser and the contractor jointly. But the purchaser shall not become liable for the payment of any charge in respect of any such variations, unless the instruction for the performance of the same shall have been given in writing by him. In the event of the purchaser requiring any variation, such reasonable a proper notice shall be given to the contractor as will enable him to make his arrangements accordingly, and in cases where goods or materials are already prepared, or any designs, drawings, or patterns made or work done that requires to be altered a reasonable sum in respect thereof shall be allowed by the purchaser. Provided that no such variations shall, except with consent in writing of the contractor, be such as will involve an increase or decrease of the total price payable under the contract by more than 25 percent thereof. The power given to the purchaser to make any alteration, amendment, omission, addition or variation to, from or in any part of the works shall include power to vary from time to time the date for the completion of the works or any part thereof, also the purchaser shall have the absolute right to increase the quantities in such manner that the increment does not exceed the amount of 25% of the total price payable under the contract, however; the same prices awarded and any other relevant conditions shall remain the same for this purpose. This right is valid during the tender validity and within 120 days from the date of the order letter, and during delivery period.