You are here:

Construction Law/period of Variation approvals in the program of work


Dear Sir,
I have submitted my revised program of work to the consultant for approval and one of his comments was to remove the period of (variation approvals) which is coming after approving the shop drawings for each subcontractor nominated and which is 14 days, I need this item to be mentioned in my program to make sure that consultant will approve my variations before commencing the work at site otherwise he will delay the approval till the end of the project
please advice whether I need to remove it or to insist on keeping it in my program.
Many thanks in advance.

Dear Taha,

You do not mention the form of contract, so the following remarks refer to FIDIC 99.  

Firstly, the Engineer does not approve your programme.  His duty is to state where it does not comply with the requirements of the Contract.  No experienced engineer would approve a programme, because then he takes ownership of it and responsibility for any faults.

Secondly, I am not sure that I understand your query.  Why do you need a variation approval after receiving the Engineer's comments on the shop drawings?  Generally, nominated subcontractors have no special privileges, once the subcontract is signed.  The rules of engagement state that you work to the last order.  If the Engineer delays issuing a variation order, then you proceed without delays until he does, and he pays for any abortive work.  Perhaps you would like to issue a follow up to clarify the situation.  

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

©2017 All rights reserved.