Common use of Variation Procedure Clause in Contracts

Variation Procedure. If the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall respond in writing as soon as practicable, either by giving reasons why it cannot comply (if this is the case) or by submitting: (a) a description of the proposed design and/or work to be performed and a programme for its execution; (b) the Contractor's proposal for any necessary modifications to the time for performance of the Works as required by the Contract and to the Time for Completion; and (c) the Contractor's proposal for adjustment to the Contract Price. The Engineer shall, as soon as practicable after receiving such proposal (under sub- clause 13.2 [Value Engineering] or otherwise), respond with approval, disapproval or comments. The Contractor shall not delay any work whilst awaiting a response. Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued by the Engineer to the Contractor, who shall acknowledge receipt. Upon instructing or approving a Variation, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine adjustments to the Contract Price, the payment schedule set out in Attachment C to the Particular Conditions and the Time for Completion. These adjustments shall include Profit, and shall take account of the Contractor's submissions under sub-clause 13.2 [Value Engineering] if applicable. Notwithstanding any other provision of this clause 13, the Contractor shall not be entitled to any extension of time or any additional Cost in respect of a Variation to the extent that such Variation is necessary due to any breach of the Contract by, or act or omission of, the Contractor.

Variation Procedure. If the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall respond in writing as soon as practicable, either by giving reasons why it cannot comply (if this is the case) or by submitting: (a) a description of the proposed design and/or work to be performed and a programme for its execution; (b) the Contractor's proposal for any necessary modifications to the time for performance of the Works as required by the Contract and to the Time for Completion; and (c) the Contractor's proposal for adjustment to the Contract Price. The Engineer shall, as soon as practicable after receiving such proposal (under sub- clause 13.2 [Value Engineering] or otherwise), respond with approval, disapproval or comments. The Contractor shall not delay any work whilst awaiting a response. Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued by the Engineer to the Contractor, who shall acknowledge receipt. Upon instructing or approving a Variation, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine adjustments to the Contract Price, the payment schedule set out in Attachment C to the Particular Conditions and the Time for Completion. These adjustments shall include Profit, and shall take account of the Contractor's submissions under sub-clause 13.2 [Value Engineering] if applicable. Notwithstanding any other provision of this clause 13, the Contractor shall not be entitled to any extension of time or any additional Cost in respect of a Variation to the extent that such Variation is necessary due to any breach of the Contract by, or act or omission of, the Contractor.