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VARIATIONS ISSUED AFTER THE DATE FOR PC

6 replies [Last post]
Thu, 2007-08-09 20:50
Uri Shachar
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Guys,

The Superintendent issued variations after the approved Date for PC (the Contractor believe the Date for PC should have been extended by the Super).

the Contract provides that the Super can not issue Variations after the Date of PC, which is sensible.

However, what do you think about issuing a Variation after the Date for PC? isn’t that addmission that this date should be extended?
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Replies

Sun, 2007-08-12 09:21
#1
ashraf alawady
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I agree with you.
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Sun, 2007-08-12 06:25
#2
Shahzad Munawar
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Generally Variation Orders can only be issued prior to PC which fairly entitles you EOT and associated additional costs whereafter if such VO issues between or later date then there will be definitely an agreed extended completion date and accordingly you may entitled for EOT or Ld’s. .

In such circumstances better to seek the contractual provisions for the exact position in this case
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Sat, 2007-08-11 02:23
#3
ashraf alawady
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in my opinion and as per the condition of contract the client can issue a Variation at any time befor the date of issuing the taking over cetificate and the contractor has the right to analize the impact of this variation on the time and cost and he can get all his entitlments with the support of the condition of contract and he can prepare and submit hais claim for EOT and assoicated costs.
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Thu, 2007-08-09 23:22
#4
Clive Randall
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as I see it you have an agreed revised completion date (PC)

The project did not achieve PC on the agreed date but at a later date

Between the later date and the agreed date the supervisor issued an instruction

While I do not have sight of the contract provisions , from what you have said the supervisior cannot issue instructions after PC, it would appear in this case he has not issued instruction after PC only after the agreed PC which was not achieved. This seems within his authority.

Whether you are entitled to a reduction in LD liability due to these instructions is a different matter but on the face of it, it would appear you are.

Trust this helps
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Thu, 2007-08-09 22:27
#5
Uri Shachar
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Clive,

No, the Variations were issued between the approved (extended) Date for PC i.e. the date the Superintendent believed the project should have been finished and the date of PC - the date in which PC was actually achieved.

do you see a problem in that? can the Super issue a Variation after the date in which he believed the project should have been completed?

thanx

uri
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Thu, 2007-08-09 22:11
#6
Clive Randall
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Did you/do you have a cert saying you had achieved PC prior to the instruction?
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