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Construction Law/Variation or a Claim?


If the Employer instructs the Main Con to change from Sea Freight to Air Freight a material delivery, then it is a Variation or a Claim?

The mechanism for compensation differs between the 2 clauses in PSSCoC 2014 Design & Build / Singapore.

Direct cost of invoice is 90k USD plus 15% mark up (as Contract Variation clause).

You need to read and review the definition of Variations and procedure as mentioned in your contract including the procedure to claim.

Typical definition of Variation is, any change to the Works instructed and accepted.  A claim has a different meaning. Thus, Variation and Claim is two different terms.

Should there be any incurred cost and/or additional time due to variation and/or any instruction, then you may claim additional cost and/or time depending on what is mentioned in your contract.

Hope this helps.


Jonathan Peralta

Construction Law

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Jonathan L. Peralta


Questions relating to claims, Extension of Time, Variations, Interim Payment and delays utilizing FIDIC Form of Contracts.


Extensive experience gained from international contractors in Vietnam, Myanmar and the Philippines in various sectors including: infrastructures, marine works, civil and buildings.

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

Bachelor of Science in Civil Engineering, Registered Civil Engineer in the Philippines

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