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Modul 1 Part 16

The document outlines the process for variations, claims, and extensions of time under FIDIC contracts. It discusses how the engineer can initiate a variation or the contractor can propose one. It also describes the claim procedures and timelines that must be followed if the contractor believes they are entitled to additional time or payment due to a variation or other event. Key steps include the contractor providing prompt notice, the engineer evaluating requests, and the parties endeavoring to reach an agreement in good faith.

Uploaded by

Yimo Wang
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© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
10 views

Modul 1 Part 16

The document outlines the process for variations, claims, and extensions of time under FIDIC contracts. It discusses how the engineer can initiate a variation or the contractor can propose one. It also describes the claim procedures and timelines that must be followed if the contractor believes they are entitled to additional time or payment due to a variation or other event. Key steps include the contractor providing prompt notice, the engineer evaluating requests, and the parties endeavoring to reach an agreement in good faith.

Uploaded by

Yimo Wang
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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FIDIC Training Module 1

Start Instruction or approval Prior to issuing of


of the Engineer Taking-Over Certificate

No ommission of Special Variations:


work possible Adjustments for Changes in Cost & Legislation
which shall be Co-operation, Cl. 4.6
carried out by Samples, Cl. 7.2
others Testing, Cl. 7.4
Prolonged Suspension, Cl. 8.11
Defect work, Cl. 11.2

Any change to the Works,


which is instructed or
approved (Red Book)
Is there a No
Any change to the Employer variation?
´s Requirements (Yellow
Cl. 3.3
Book) Yes
In this event the proposal
contains the items according No which is not an
to Cl. 13.3 approved
proposal?
Contractor shall give notice
Yes
to Engineer of any claim
arising from the Variation!
INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 301
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INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 302
FIDIC Training Module 1

Contractor shall Variation (?)


comply with subject to Cl.
Instruction, Cl. 3.3 1.1.6.9

Contractor shall be bound,


Cl. 13.1 Goods are not
readily available

No Yes

The Contractor considers himself Prompt notice to the


to be entitled to EOT and/or Engineer
additional payment

Cancellation,
EOT, Cl. 8.4 confirmation, variation
of instruction
Provisional Sums, Cl.
13.5
Restart in the event of
New Rates, Cl. 12.3 confirmation, variation
or instruction
Evaluation according to Cl. 12

INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 303
FIDIC Training Module 1

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FIDIC Training Module 1

Price Consultation
Modification Evaluation Fair
Notice
Variation Cl. 12 Endeavour determination
to reach
agreement
EOT Claim

Price
Endeavour
Modification Fair
Consultation to reach Notice
Variation determination
agreement

EOT Claim
INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 305
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Start Engineer may initiate


Instruction
Variation
No
Yes
Contractor may submit Engineer may request
Claims Procedure for EOT
proposal submittal of proposal

Evaluation Procedure
Requirements Cl. 13.2 Requirements Cl.
(Value Engineering) 13.3
Determination, Cl. 3.5

Proposal of Contractor

Work shall no be delayed


Engineer responds with approval, disapproval or whilst waiting for response
comments (Cl. 13.3)

Instruction to execute the Variation

Contractor shall not make any alteration and/or modification of the Permanent Works, unless and
until the Engineer instructs or approves a Variation, Cl. 13.1

INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG307
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Cut-
Off

Cut-
Off

INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 313
FIDIC Training Module 1

If and to the extent that the Contractor


encounters physical conditions which
are Unforeseeable, gives such notice,
and suffers delay and/or incurs cost …

Event: Variation
adverse Cut-
physical
conditions Off

Give Notice suffers delay,


Instruction 28 days
(as soon as practicable) incurs cost

Consider
Give Notice
favourable
of a Claim
conditions

Claim procedure according to Sub-Clause 20.1, 3.5

INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 314
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FIDIC Training Module 1

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FIDIC Training Module 1

INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS – WORLD TRADE CENTER – GENEVA – SWITZERLAND – WWW.FIDIC.ORG 320

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