reasonable time shall entitle the Employer to carry out all necessary works form any third party at the Contractor’s risk and cost. 11.2 Uncovering and Testing The Engineer/Employer may give instruction as to the uncovering and/or testing of any work. Unless as a result of an uncovering and/or testing it is established that the Contractor’s design, Materials, Plant or workmanship are not in accordance with the Contract, the Contractor shall be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 10.2. 12. VARIATIONS CLAIMS 12.1 Right to Vary The Employer may issue Variation Order(s) in writing. Where for any reason it has not been possible for the Employer to issue such Variations Order(s), the Contractor may confirm any verbal orders given by the Employer in writing and if the same are not refuted/denied by the Employer within seven (7) days of the receipt of such confirmation the same shall be deemed to be a Variation Orders for the purposes of this Sub-Clause. 12.2 Valuation of Variations Variations shall be valued as follows: a) at a lump sum price agreed between the Parties, or b) appropriate, at rates in the Contract, or c) in the absence of appropriate rates, the rates in the Contract shall be used as the basis for valuation, or failing which d) at appropriate new rates, as may be agreed or which the Engineer/Employer considers appropriate, or e) if the Engineer/Employer so instructs, at day work rates set out in the Contract Data for which the Contractor shall keep records of hours of labour and Contractor’s Equipment, and of Materials, used. 12.3 Early Warning The Contractor shall notify the Engineer/Employer in writing as soon as he is aware of any circumstance which may delay or disrupt the Works or any specific item/activity of the Works, or which may give rise to a claim for additional payment. The Contractor shall warn the Dy. Director at the earliest opportunity of specific likely future events of circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of the Works. The
reasonable time shall entitle the Employer to carry out all necessary works form any third party at the Contractor’s risk and cost. 11.2 Uncovering and Testing The Engineer/Employer may give instruction as to the uncovering and/or testing of any work. Unless as a result of an uncovering and/or testing it is established that the Contractor’s design, Materials, Plant or workmanship are not in accordance with the Contract, the Contractor shall be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 10.2. 12. VARIATIONS CLAIMS 12.1 Right to Vary The Employer may issue Variation Order(s) in writing. Where for any reason it has not been possible for the Employer to issue such Variations Order(s), the Contractor may confirm any verbal orders given by the Employer in writing and if the same are not refuted/denied by the Employer within seven (7) days of the receipt of such confirmation the same shall be deemed to be a Variation Orders for the purposes of this Sub-Clause. 12.2 Valuation of Variations Variations shall be valued as follows: a) at a lump sum price agreed between the Parties, or b) appropriate, at rates in the Contract, or c) in the absence of appropriate rates, the rates in the Contract shall be used as the basis for valuation, or failing which d) at appropriate new rates, as may be agreed or which the Engineer/Employer considers appropriate, or e) if the Engineer/Employer so instructs, at day work rates set out in the Contract Data for which the Contractor shall keep records of hours of labour and Contractor’s Equipment, and of Materials, used. 12.3 Early Warning The Contractor shall notify the Engineer/Employer in writing as soon as he is aware of any circumstance which may delay or disrupt the Works or any specific item/activity of the Works, or which may give rise to a claim for additional payment. The Contractor shall warn the Dy. Director at the earliest opportunity of specific likely future events of circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution of the Works. The
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