Construction Contract Variations
|SECTION A: INTRODUCTION||207|
|SECTION B: WRITTEN INSTRUCTIONS AND CONDITIONS PRECEDENT||210|
|SECTION C: THE CONTRACT ADMINISTRATOR’S AUTHORITY TO INSTRUCT VARIATIONS||221|
|SECTION D: PRIOR APPROVAL AND SUBSEQUENT SANCTION||228|
|SECTION E: CONTRACT MECHANISMS PROVIDING FOR THE AGREEMENT OF VARIATIONS||230|
SECTION A: INTRODUCTION
An employer will normally have the right unilaterally to change the scope of works but only if it instructs the variation using the contract procedure. This will typically require the variation to be instructed in a particular manner, such as an instruction in writing. The contractor may be entitled to payment under the contract valuation provisions only if the variation has been instructed in accordance with the specified procedure.1 Therefore, both in terms of the employer’s power to order the change and the contractor’s right to be paid, it is important to follow the procedure.