Construction Law/Variation


here is my question.

1. contract scheduled completion date has passed as per contract. prior to schedule completion date variation#1 was issued for additional work for duration of 90 calendar days.   it is mentioned in the var#1 that original contract is now considered as Milestone 1 and var# 1 as Milestone #2. Should LD be applicable to both as both have separate Milestone completion  date?  It is to be mentioned that the original could be completed without variation #1. is it right to assign Milestone dates when the original contract has no Milestone?

Thanks for your kind attention.


Dear Rotor Dacanay,

You do not mention the form of contract nor the applicable law so the following comments will be generic.  

It is unusual to introduce milestones, once the Contract has been signed, because the introduction of milestones is a change to the Contract, which needs written agreement by both parties.  You must calculate your risk due to this change in the Contract and claim for the extra costs involved.  

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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

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