Wednesday, May 8, 2019

Construction contracts Research Paper Example | Topics and Well Written Essays - 2500 words

Construction contracts - Research Paper ExampleVariation Types Variations be non restricted merely to the have specification, the cost specification or other quality aspects. Instead, variation send packing constitute a number of disparate aspects a few of which are2 an addition to cook specifications an omission to work specifications a change of materials changes to construction sequence working hours change department of corrections in the contract documents corrections in the Bill of Quantities (BoQs) for descriptions and / or quantities of materials used changes to third companionship work schedule and scope changes in the timeline agreed upon in the original contract changes required to deal with unforeseen circumstances / force majeure. In addition to describing variations as changes to the work, its scope, its cost, quality and other aspects, another potent method of defining variation is as per the party that initiates the variation. CEBE3 has provided a comprehensiv e method to describe variation as per the initiating party. The causes for variation as per the initiating party have been used to classify variations in an attempt to cover as many variations as possible. The major classifications of variations provided are possessor related, consultant related, declarer related and other variations. The research by CEBE provides that there are approximately 53 discernible types of variations that might occur in any construction contract situation4. The sundry(a) types of variations are shown in detail in the diagram provided below Figure 1 - Causes of variation as expounded by CEBE (2006) Impacts of Variation Types on Contract Dimensions It would not be possible to talk over all the different types of variations and to analyze them as per FIDICs Red Book (1999) interpretations. A few... It would not be possible to discuss all the different types of variations and to analyze them as per FDICs Red Book (1999) interpretations. A few major variati ons, including variations that are controversial as being variations or not, are discussed as per CABE classification presented above.A variation in project scope by the owner is one of the most common causes of variation, especially for construction projects. The owner is not on board in typical construction projects preparation and design stages and this leads to changes in planning and scoping later. In such circumstances, since the originating party is the owner, the engineer is required to submit a proposal for variation to the asseverator as per sub-clause 13.3 of the FIDIC Red Book (1999). Processing of the variation requested is subject to the contractors choosing and the owner would have to convince the contractor to comply. Additionally, the condition of the Red Books sub-clause that the contractor cannot stop work as variation proposals are being shuttled seems unreasonable. For example, if the owner requires an extensive change of scope that involves the current work, the contractor still has to keep working in the agreed direction even though he proposes variations simultaneously. The overlook of clarification for major scope changes makes subclause 13.3 ambiguous and open to dispute between contracting parties. Another demesne of contention for variation may arise if the owners cash stream is somehow affected.

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