Construction Law/Variation



1999 FIDIC Red Book

According to the SCL 13.1(e), any additional work instructed by the engineer shall be necessary for the Permanent Works.

If the instructed additional work is not necessary for the Permanent Works, then whether the contractor can object to execute or alternatively request for the different rates from the current BOQ.

For example, initial scope of work is only construct a building and then the engineer instructed do the swimming pool as a variation.

Could give your comment in line with SCL 13.1(e) .



ANSWER: Dear Sudantha,

Sorry, but clause 13.1(e) is in the possible class, not in the mandatory class.  The list is not intended to be inclusive, so the Engineer could instruct a swimming pool as part of a residential building.  Any variation in the rates is covered by clause 12.3.  

---------- FOLLOW-UP ----------


In your answer you have mentioned a "possible/mandatory class"; could you explain what is mean by "possible/mandatory class" and what are the SCLs include to the same?



Dear Sudantha,

You write 'shall be necessary'.  Clause 13.1 states 'Each Variation may include ..... any additional work, Plant, Materials or services necessary for the Permanent Works'.  'Shall' is mandatory and must be obeyed, while 'may' could be followed and thus is a possibility.  Clause 13.1 gives a list of reasons for a variation, but the list is not exhaustive.  Thus the list is a list of possible reasons for a variation but there can be other reasons, beyond those given in the list.  

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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.


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