Construction Law/variation


The contract is design & built.Designer approved by client but work under main contractor.When design the bridges they entirely changed capacity of bearing compare to BOQ items. they issue IFC(Issued for construction) drawing with new bearing details four months ago.Now they submit variation to us and its large impact for project cost(300%).
My question is can they create variation under this contract?
if can what are the fundamental factors?

Dear Ajith,

You do not mention the form of contract, so the following comments are generic.  

FIDIC design and build contracts are generally lump sum contracts and there are no BoQ's, unless the purpose is defined really clearly.  I doubt that in this situation, the Contractor could justify a claim for extra costs, unless the Employer's Requirements were badly written.  A 300% increase in bearing costs is unlikely to be a major increase in the totality of the Contract Price.  I would ask him for the contractual basis of his claim for increased costs.

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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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