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Construction Contract Variations

CHAPTER EIGHT VARIATION INSTRUCTIONS VARIATION INSTRUCTIONS 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 8.1 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.

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