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Construction Law/Type of Variation vs. Type of Contract


Dear Sir;
In general, should  the variations  follow the same type of the contract in terms of lump sum or remeasured contract?
Let me explain what in my mind; our contract is remeasured and all quantities in the BoQ are estimated accordingly, now for any variation to be issued such as “extending a new pipeline branch” OR “altering the type of the fence from xxx to yyy” , etc. Should the variation be issued and approved by the authorized person (CEO of the Employer for example) under estimated quantity (and the Contract Price shall be changed according to this estimated variation price?)? , then upon executing the varied work, the actual quantity could be different and accordingly the actual variation price will be different from the approved variation value??

OR, as a rule, the variation should be lump sum (fixed price not subject to change any more) ?????

Thank you,

Dear Khalid,

Thank you for your question.

VOs measurement/ payment follows the same rules as the works in the original contract.

That, simply because you have some clear Conditions of Contract in respect of how evaluation and measurement/ estimation, respectively payment of executed works is done.

Otherwise, you should have new Conditions included, solely for the respective VO, which is not feasible.

Hope that helps.

Construction Law

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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