Common use of Variation to Contract Price Clause in Contracts

Variation to Contract Price. If the Latent Condition needs to be removed or dispersed in order for the Works (or any of them) to proceed or for the Works to be capable of being used as a residence, provided the Contractor has complied with the notice requirements of special condition 1.2, the Contractor can, by giving written notice to the Superintendent, request a Variation to undertake any additional works required to remove or disperse the Latent Condition and an increase in the Contract Price on account of the additional costs associated with that Variation. Any request under special condition 1.4.1 must set out: a description of the required Variation, including the additional work and additional resources which the Contractor estimates to be necessary to deal with the Latent Condition; and the additional estimated costs associated with the required Variation and the estimated increase in the Contract Price which is being sought. After receiving a written notice from the Contractor requesting a Variation in accordance with special condition 1.4.1, the Superintendent must give a written notice: rejecting the Variation request; or approving the Variation request and instructing the Contractor to carry out the Variation, in which case the Superintendent’s written notice must set out the adjustment to the Contract Price, determined by the Superintendent in accordance with special condition 1.4.5(a) (“Contractor Initiated Variation Order”), as determined by the Superintendent in its sole and absolute discretion. If any Approvals are required in connection with the additional works the subject of the Contractor Initiated Variation Order, the Superintendent’s approval and instruction can be conditional upon such Approvals being obtained or issued within such time frame as is specified by the Superintendent. If any such condition is imposed by the Superintendent and not satisfied within the stated time frame, the Superintendent will be deemed to have rejected the Variation request at the expiration of the stated time frame. If the Superintendent approves the requested Variation, then: the increase in the GST inclusive Contract Price for the Variation will be determined in accordance with clause 23 of the General Conditions; and

Variation to Contract Price. If the Latent Condition needs to be removed or dispersed in order for the Works (or any of them) to proceed or for the Works to be capable of being used as a residence, provided the Contractor has complied with the notice requirements of special condition 1.2, the Contractor can, by giving written notice to the Superintendent, request a Variation to undertake any additional works required to remove or disperse the Latent Condition and an increase in the Contract Price on account of the additional costs associated with that Variation. Any request under special condition 1.4.1 must set out: a description of the required Variation, including the additional work and additional resources which the Contractor estimates to be necessary to deal with the Latent Condition; and the additional estimated costs associated with the required Variation and the estimated increase in the Contract Price which is being sought. After receiving a written notice from the Contractor requesting a Variation in accordance with special condition 1.4.1, the Superintendent must give a written notice: rejecting the Variation request; or approving the Variation request and instructing the Contractor to carry out the Variation, in which case the Superintendent’s written notice must set out the adjustment to the Contract Price, determined by the Superintendent in accordance with special condition 1.4.5(a) (“Contractor Initiated Variation Order”), as determined by the Superintendent in its sole and absolute discretion. If any Approvals are required in connection with the additional works the subject of the Contractor Initiated Variation Order, the Superintendent’s approval and instruction can be conditional upon such Approvals being obtained or issued within such time frame as is specified by the Superintendent. If any such condition is imposed by the Superintendent and not satisfied within the stated time frame, the Superintendent will be deemed to have rejected the Variation request at the expiration of the stated time frame. If the Superintendent approves the requested Variation, then: the increase in the GST inclusive Contract Price for the Variation will be determined in accordance with clause 23 23. of the General Conditions; and