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# Construction Law/Final total Variation Percentage

Question
Dear mr. Elliot,

Kindly inform me of how to correctly calculate the final percentage of total variations in a project under clause 52.

E.g If in a project the total plus variations is 16% and the total minus variations is 8%; is the final total percentage equal to 24% or 8%.

Thank you

Dear Salah,

For clause 52, the arithmetical sum of the variations is used.  So in your case 8%.  The intent is to prevent over recovery of profit and overheads, or recompense for under recovery of profit and overheads, if the variation in Contract Price exceeds the stated percentage.

#### Peter M. Elliott

##### Expertise

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 www.eotprotocol.com before submitting a question.

##### Experience

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