Common use of Right to Vary Clause in Contracts

Right to Vary. Variations may be initiated by the Engineer at any time prior to issuing the final Taking- Over Certificate for the Works, either by an instruction or by a request for the Contractor to submit a proposal. A Variation shall not comprise the omission of any work which is to be carried out by others. The Contractor shall execute and be bound by each Variation without any change to the amounts payable under the Contract or any extension to the Time for Completion, unless the Contractor: (a) gives notice (within 7 days of the instruction or request from the Engineer) to the Engineer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, (ii) it will reduce the safety or suitability of the Works, or (iii) it will have an adverse impact on the achievement of the Schedule of Guarantees. Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction; or (b) gives notice (within 14 days of the instruction from the Engineer) to the Engineer stating that the Variation will result in an incremental cost or delay to the Contractor, such notice to include a proposal in accordance with sub-clause 13.3 [Variation Procedure] for carrying out the Variation, in which case, the second, third and fourth paragraphs of clause 13.3 [Variation Procedure] shall apply.

Right to Vary. Variations may be initiated by the Engineer at any time prior to issuing the final Taking- Taking-Over Certificate for the Works, either by an instruction or by a request for the Contractor to submit a proposal. A Variation shall not comprise the omission of any work which is to be carried out by others. The Contractor shall execute and be bound by each Variation without any change to the amounts payable under the Contract or any extension to the Time for Completion, unless the Contractor: (a) gives notice (within 7 days of the instruction or request from the Engineer) to the Engineer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, (ii) it will reduce the safety or suitability of the Works, or (iii) it will have an adverse impact on the achievement of the Schedule of Guarantees. Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction; or (b) gives notice (within 14 days of the instruction from the Engineer) to the Engineer stating that the Variation will result in an incremental cost or delay to the Contractor, such notice to include a proposal in accordance with sub-clause 13.3 [Variation Procedure] for carrying out the Variation, in which case, the second, third and fourth paragraphs of sub-clause 13.3 [Variation Procedure] shall apply.

Right to Vary. Variations may be initiated by the Engineer at any time prior to issuing the final Taking- Over Certificate for the Works, either by an instruction or by a request for the Contractor to submit a proposal. A Variation shall not comprise the omission of any work which is to be carried out by others. The Contractor shall execute and be bound by each Variation without any change to the amounts payable under the Contract or any extension to the Time for Completion, unless the Contractor: (a) gives notice (within 7 days of the instruction or request from the Engineer) to the Engineer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, (ii) it will reduce the safety or suitability of the Works, or (iii) it will have an adverse impact on the achievement of the Schedule of Guarantees. Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction; or (b) gives notice (within 14 days of the instruction from the Engineer) to the Engineer stating that the Variation will result in an incremental cost or delay to the Contractor, such notice to include a proposal in accordance with sub-clause 13.3 [Variation Procedure] for carrying out the Variation, in which case, the second, third and fourth paragraphs of sub-clause 13.3 [Variation Procedure] shall apply.