Construction Law/variation


Hi Mr Elliott,
The contract is yellow fidic 1999 and there is a need a change to  be made but unfortunately the contract is silent about the mechanism.Is it right to apply the rule of three in this case or a fair evaluation must be agreed in which the contractor can try to proof incurred costs?
Best regards

Dear Radoslav,

It depends on the Employer's procedures. The Employer's procedures may require three bids and chose the most economically advantageous, which might not be the cheapest (EoT, Contractor's costs etc.)  The preferred procedure for all concerned, if there is time, is for the Engineer to ask for a proposal, the Contractor to submit a proposal and then to agree the effect and cost, or to agree to disagree, in which case the Engineer makes a determination under clause 3.5 and the Contractor submits a claim under 20.1.  

Construction Law

All Answers

Answers by Expert:

Ask Experts


Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

©2016 All rights reserved.