Common use of Valuation of Variation Clause in Contracts

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

Appears in 4 contracts

Samples: Head Contract, Head Contract, Head Contract

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Valuation of Variation. Subject to clauses 9.9(b) ), 11.9 and 11.911.10, the Contract Subcontract Price will be increased or decreased for all Variations which have been the subject of a direction by the Contract AdministratorContractor’s Representative: 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 Contractor’s Representative determines that those rates and prices are applicable to or it is reasonable to use them for valuing, valuing the Variation, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Subcontract Price is to be an increase, the percentages specified in the Contract Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Subcontract Price is to be a decrease, the percentage specified in the Contract Subcontract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor Subcontractor as a direct result of the Variation delaying the ContractorSubcontractor; 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 AdministratorContractor’s Representative, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Subcontract Price is to be an increase, the percentages specified in the Contract Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Subcontract Price is to be a decrease, the percentage specified in the Contract Subcontract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor Subcontractor as a direct result of the Variation delaying the Subcontractor; or by the amount determined by the Contractor; or’s Representative under clause 11.6.

Appears in 3 contracts

Samples: Major Works Subcontract, Major Works Subcontract, Major Works Subcontract

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; oror by the amount determined by the Contract Administrator under clause 11.6.

Appears in 2 contracts

Samples: Head Contract, Head Contract

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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(a11.2(c); 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 which, if the Variation is to the Works in the Delivery Phase, the following will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Delivery Phase 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 Delivery Phase 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 which, if the Variation is to the Works in the Delivery Phase, the following will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Delivery Phase 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 Delivery Phase 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

Appears in 2 contracts

Samples: Early Contractor Involvement Head Contract, Early Contractor Involvement Head Contract

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