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Construction Law/Site Instructions and Variation Orders

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Question
Good Day

Do all site Instructions constitute variation orders?
And if not please elaborate?

Answer
Hi Daniel,

The short answer is no.

The Engineer under FIDIC contracts issues instruction to the Contractor, it may be a short instruction and issuance of additional drawings etc. and all must be in accordance with the contract.

Under FIDIC 1999, Instruction of the Engineer is under sub-clause 3.3 and Variation is under clause 13.

Hope this helps.

Regards,

Jonathan Peralta

Construction Law

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Jonathan L. Peralta

Expertise

Questions relating to construction claims, Extension of Time, Variations, Interim Payment and delay analysis under FIDIC Form of Contracts.

Experience

Experience in the following sectors: buildings, residential, infrastructure, civil and marine works. Have worked for different international contractors in Myanmar, Vietnam and the Philippines.

Organizations
AACEI, U.S.A., Dispute Resolution Board Foundation,U.S.A., ASCE, U.S.A., PICE,Philippines

Education/Credentials
Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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