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Construction Law/Time impact of a Variation Order

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Question
Dear Alina

In a large scale construction project under 1987 fourth edition  fidic. I need to know when a V.O is worth a time extension beside the cost impact i.e if a V.O is approved for the contractor as an addition variation, the contractor is entitled to more money of course but is he entitled to more time?
please explain with supporting case studies or examples mentioning the reference clauses in the above said fidic

Regards,

Khaled

Answer
Dear Khaled,
Your question needs much time to present case studies or examples, and this cannot be done here, where the time and space are limited. I will tell you the principle, and I hope that no examples will be needed to clarify this issue:
When a variation is instructed, this means that the Contractor must do things that were not initially foreseen in the Contract at all or were foreseen to be done in a different way. If these variations cause extra costs to the Contractor, these additional costs should be reimbursed to the Contractor.
If the variations instructed cause delays, and the initial Time for Completion cannot be observed because of these dalays, the Contractor is entitled to have the time for completion extended, i.e. to be granted an extension of time, BUT only if the delays are on the critical path, meaning that only if THESE delays determine the move (shift) of the Completion Date.
In all cases - not only in variations - when the Contractor suffers delays from causes that are not in his responsibility, and these delays are on the critical path, the Contractor is entitled to extension of the time for completion.
Hope these help and no examples or case studies are necessary.
Best regards,
Alina

Construction Law

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Alina Valentina Oprea

Expertise

I can answer to questions regarding FIDIC 1999 contracts, including practical use of these conditions of contract, as well as to questions regarding dispute boards, both from theoretical and practical point of view. I cannot answer to questions related to other kind of contracts or to procurement process, except to some (limited) extent.

Experience

Implementation of works contracts (FIDIC 1999) financed by different financial institutions, including European Union; claims and disputes; dispute boards See more on www.alinaoprea.com

Organizations
Dispute Resolution Board Foundation

Publications
see http://alinaoprea.com/publications/ ; DRBF Forum Newsletter; Drumuri si Poduri; Revista Constructiilor; SIDiR Newsletter

Education/Credentials
Graduated the University of Civil Engineering Bucharest, Faculty of Railways, Roads and Bridges (1985-1990); Trained under Mr. Gwyn Owen’s pupilage program for arbitrators/adjudicators under FIDIC mentoring program (2006 – 2007)

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