Contracts Management and Administration (Based on FIDIC Standard)

83 Pages·2017·0.85 MB·English

by  Windows User

Contracts Management and
Administration
(Based on FIDIC Standard)
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© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
Sub-Clause 13.1
“Variation” or “Right to Var y”
The Unilateral Right of the Employer
to Alter a FIDIC Contract Agreement
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
LEARNING OBJECTIVES
1. Provide “Supporting” Case Law
examples to FIDIC Concept that
“Variations cannot be proposed by
the Employer simply to remove
works away from the existing Main
Contractor and allow this same
works to be given to another
Contractor”;
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
LEARNING OBJECTIVES
2. “Is a Particular ‘Instruction’ a
Variation or just an instruction?”.
3. Provide the specific UAE Civil
Codes references applicable to
FIDIC 1999 RB Sub-Clause 13.1 –
and discuss the differences
between the two areas.
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WHAT IS A “VARIATION?”
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IMPORTANT DEFINITIONS FOR
“VARIATIONS” – WHAT IS IT?
• Changes are required to the works
at some point on most construction
projects.
• Hence, a mechanism enabling the
employer to instruct, and the
contractor to implement, variations
is important.
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
IMPORTANT DEFINITIONS FOR
“VARIATIONS” – WHAT IS IT?
• The power to var y is an essential
part of ver y construction contract
but the scope of the power to var y
differs considerably between
different forms.
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
IMPORTANT DEFINITIONS FOR
“VARIATIONS” – WHAT IS IT?
• Sub-Clause 13.1 confers a ver y
wide power and it will only be in
unusual circumstances that the
Contractor will not be obliged to
follow a variation instruction.
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
IMPORTANT DEFINITIONS FOR
“VARIATIONS” – WHAT IS IT?
• A variation (
sometimes referred to as
) is an alteration to
a ‘Change Order’
the scope of work originally
specified in the contract, whether
by way of an addition, substitution
or omission to the works, or through
a change to the manner in which
the works are to be carried out.
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD
DEFINING VARIATION
© 2016 3FOLD Education Centre . All rights reserved . [e-mail] . www.3foldtraining.com . 800 3FOLD