and/or testing as a Variation in accordance with Sub-Clause 10.2. 10. VARIATIONS AND CLAIMS 10.1 Right to Vary The Employer/Engineer may issue Variation Order(s) in writing. Where for any reason it has not been possible for the Employer/Engineer to issue such Variations Order(s), the Contractor may confirm any verbal orders given by the Employer/Engineer in writing and if the same are not refuted/denied by the Employer/Engineer 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 Clause. 10.2 Valuation of Variations Variations shall be valued as follows: a) at a lump sum agreed between the Parties, or b) where appropriate, at rates in the Contract, or c) in the absence of appropriate 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 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. 10.3 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 which may give rise to a claim for additional payment. To the extent of the Contractor’s failure to notify, results to the Engineer/Employer being unable to keep all relevant records or not taking steps to minimise any delay, disruption, or Cost, or the value of any Variation, the Contractor’s entitlement to extension of the Time for Completion or additional payment shall be reduced/rejected. 10.4. Valuation of Claims If the Contractor incurs Cost as a result of any of the Employer’s Risks, the Contractor shall be entitled to the amount of such Cost. If as a result of any Employer’s Risk, it is necessary to change the Works, this shall be dealt with as a Variation subject to Contractor’s notification for intention of claim to the
and/or testing as a Variation in accordance with Sub-Clause 10.2. 10. VARIATIONS AND CLAIMS 10.1 Right to Vary The Employer/Engineer may issue Variation Order(s) in writing. Where for any reason it has not been possible for the Employer/Engineer to issue such Variations Order(s), the Contractor may confirm any verbal orders given by the Employer/Engineer in writing and if the same are not refuted/denied by the Employer/Engineer 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 10.2 Valuation of Variations Variations shall be valued as follows: a) at a lump sum agreed between the Parties, or b) where appropriate, at rates in the Contract, or c) in the absence of appropriate 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 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. 10.3 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 which may give rise to a claim for additional payment. To the extent of the Contractor’s failure to notify, results to the Engineer/Employer being unable to keep all relevant records or not taking steps to minimise any delay, disruption, or Cost, or the value of any Variation, the Contractor’s entitlement to extension of the Time for Completion or additional payment shall be reduced/rejected. 10.4. Valuation of Claims If the Contractor incurs Cost as a result of any of the Employer’s Risks, the Contractor shall be entitled to the amount of such Cost. If as a result of any Employer’s Risk, it is necessary to change the Works, this shall be dealt with as a Variation subject to Contractor’s notification for intention of claim to the Clause.
RM-CV-PN-15-05-11.docx