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HOW VARIATIONS CAN BE CLAIMED?

4 replies [Last post]
Francis Moyalan, ...
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HI,

THIS IS REGARDING THE STANDARD SYSTEM TO BE FOLLOWED FOR CLAIMING A VARIATION----

CONTRACTOR’S STAND-

1.IF ANY WORK IS COMING OTHER THAN THE CONTRACT (BOQ), THEN IT HAS TO BE INSTRUCTED BY THE ENGINEER TO CARRY OUT THE JOB.

2.ENGINEER MUST BE GIVING A LETTER ASKING CONTRACTOR TO FURNISH THE DETAILED COST BREAK DOWN FOR THE XTRA WORKS

3.LATER AFTER REVIEW , THE CLAIM SHOULD BE APPROVED AND VARIATION ORDER NEED TO BE ISSUED.

ENGINEER’S STAND-

1. ADDITIONAL WORK WILL ONLY BE INSTRUCTED.

2.NO LETTER WILL BE ISSUED, ASKING TO FURNISH THE COST BREAK DOWN.(SAYS CONTRACTOR MUST BE IDENTIFYING THE VARIATION FROM THE ORIGINAL CONTRACT(BOQ)).

KINDLY PUT DOWN YOUR RESEPECTED VIEWS ON THIS, SO THAT THE SITUATION CAN BE ATTENDED PROFESSIONALY,

CHEERS,

FRANCIS V

Replies

Dayanidhi Dhandapany
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Hi Skan,

Sure, all are important factors to be considered as you have mentioned. If you don’t have contract(where some info will be available related to BOQ/measurements etc., clauses related to variations)then how do we define something about variation, only by mutual understanding/agreement we can proceed further.
Skan Bu
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Hi,

Before we proceed to claiming vairiation, I think:

1) Is there a contractual relationship?
2) What type of contract?
3) What did the contract say?
4) Follow what had been stated in the contract documents
5) If none mentioned, Which standard it is following, JCT? Fidic? NEC? Or home grown?

Will this be the basis to start with?

By the time we reach this stage, if still unclear then we need to agree on the principle to move forward.

I hope my analysis make sense.
Shahzad Munawar
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Basis of Variations are as under:

a) Upon Written Instructions from Engineers/Consultant

b) Upon Verbal instructions from Engineer but notifying them at the time of occurrence of these events

Wherafter these varaitions can be submitted with fully supporting documents and associated costs therewith. These cots are usually taken as difference from the original BOQ or on new rates whichever mutually agree by both parties or as per Contract
Dayanidhi Dhandapany
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Joined: 18 Mar 2003
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usually variations can be claimed by having well supporting documents/evidence. so always instructions from engineers or architects are highly required to vary anywork. without such a written piece of info, it will be a tough call. may be we can look for reverse confirmation on verbal instructions received from engineer/consultant. just by writing a letter about his verbal instruction pursuant to contracts clause??? ...........