Valuation of Variation. Subject to clauses 9.9(b) and 11.9, the Contract Price will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 11.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates and prices are applicable to or it is reasonable to use them for valuing, the Variation, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Price is to be an increase, the percentages specified in the Contract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Price is to be a decrease, the percentage specified in the Contract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor as a direct result of the Variation delaying the Contractor; to the extent paragraph (b) does not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contract Administrator, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Price is to be an increase, the percentages specified in the Contract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Price is to be a decrease, the percentage specified in the Contract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor as a direct result of the Variation delaying the Contractor; or
Valuation of Variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contractor's Representative: as agreed under clause 10.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contractor's Representative determines that those rates and prices are applicable to or it is reasonable to use them for valuing the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: agreed between the parties; or failing agreement, determined by the Contractor's Representative.
Valuation of Variation. Subject to clauses 8.4, 8.5, 10.4, 10.5 and 12.3, the Subcontract Price will be adjusted for the value of all Variations carried out by the Subcontractor by: the proposed adjustment to the Subcontract Price set out in the Subcontractor's notice under clause 10.1 (if any) if agreed by the Contractor; or if paragraph (i) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the Contractor's Representative using any rates and prices in the Subcontract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the Contractor's Representative. In either case the value of the Variation must include the reasonable costs which will be incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor.
Valuation of Variation. Subject to clauses 8.4, 8.5, 10.4 and 12.3, the Contract Price will be adjusted for the value of all Variations carried out by the Contractor by: the proposed adjustment to the Contract Price set out in the Contractor's notice under clause 10.1 (if any) if agreed by the Commonwealth; or if paragraph (a) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the PDS Contractor using any rates and prices in the Contract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the PDS Contractor. In either case the value of the Variation must include the reasonable costs which will be incurred by the Contractor as a direct result of the Variation delaying the Contractor achieving Completion by the Date for Completion.
Valuation of Variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 10.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates and prices are applicable to or it is reasonable to use them for valuing the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: agreed between the parties; or failing agreement, determined by the Contract Administrator.
Valuation of Variation. Subject to clauses 8.4, 10.4 and 12.3, the Contract Price will be adjusted for the value of all Variations carried out by the Contractor by: the proposed adjustment to the Contract Price set out in the Contractor's notice under clause 10.1 (if any) if agreed by the Commonwealth; or if subparagraph (i) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the Contract Administrator using any rates and prices in the Contract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the Contract Administrator. In either case the value of the Variation must include the reasonable costs which will be incurred by the Contractor as a direct result of the Variation delaying the Contractor.
Valuation of Variation.
(a) Any adjustment to the Price as a result of a Variation will be determined as follows:
(i) as agreed between the Supplier and Council;
(ii) if clause 3.2(a)(i) does not apply, then to the extent that this Contract sets out rates or prices that are applicable to the Variation, those rates or prices will be used;
(iii) if clause 3.2(a)(ii) does not apply, then by Council, acting reasonably; and
(iv) if a reduction in the quantity of Goods or Services to be supplied, or the omission of any part of the Goods or Services, occurs after the Supplier has incurred costs directly relating to the Goods or Services reduced or omitted, then Council must reimburse the Supplier a reasonable amount for the costs directly incurred (taking into account any steps taken by the Supplier to minimise any Loss suffered).
(b) Other than as set out in clause 3.2(a), the Supplier has no Claim against Council arising out of, or in connection with, any Variation.
Valuation of Variation. (a) The valuation of any variation may be agreed to by the parties in writing including how much the Consultant is entitled to charge MBI for any additional services or, alternatively, the basis on which the Consultant will calculate the amounts that it may charge MBI.
(b) Unless MBI and the Consultant agree upon the price for a variation, a variation shall be valued under this clause.
(c) MBI may direct the Consultant to provide a detailed quotation for the Services the subject of a variation supported by measurements or other evidence of cost. The detailed quotation must provide a breakdown of the rates claimed and any other information which MBI may require. The rates must be competitive market rates for the Services to be performed.
(d) Where this document provides that a valuation shall be made under this clause, MBI shall pay or allow the Consultant or the Consultant shall pay or allow MBI as the case may require, an amount determined by MBI as follows:
(i) if this document prescribes specific rates or prices to be applied in determining the value, those rates or prices shall be used;
(ii) to the extent that clause 2.5(d)(i) does not apply, reasonable rates or prices shall be used; and
(iii) in determining the deduction to be made for Services which are omitted, the deduction shall include a reasonable amount for profit and overheads.
Valuation of Variation. Except to the extent expressly agreed to the contrary in writing, any adjustment to the Price as a result of a Variation will be determined as follows:
(a) to the extent that the Agreement sets out rates or prices that are applicable to the Variation, those rates or prices will be used;
(b) if clause 5.4(a) does not apply, then by Council, acting reasonably; and
(c) if a reduction in the extent of Services occurs after the Supplier has incurred costs directly relating to the cancelled Services, then Council must reimburse the Supplier a reasonable amount for the costs directly incurred.
Valuation of Variation. All extra or additional work done or work omitted by order of the Engineer shall be valued at the rates and prices set out in the contract if, in the opinion of the Engineer, the same shall be applicable. If the Contract does not contain any rates or prices applicable to the extra or additional work, then suitable rates and prices shall be agreed upon between the Engineer and Contractor. In the event of disagreement the Engineer shall fix such rates or prices as shall, in his opinion, be reasonable and proper. Rate for non-tendered and non -derivable items will be arrived on the basis of actual cost of materials and labour plus 20% towards overhead and profits.
