Clause 13 Variations and Adjustments

Clause 13. Summary Sub- Clause deals with the right of the Engineer to vary the Contract. This right can be exercised at any time up to the issue of the Taking-Over Certificate. Sub- Clause deals with value engineering and permits the Contractor to propose a change which will benefit the Employer. The proposal is prepared at the cost of the Contractor, who designs the change. Sub- Clause deals with the procedure prior to the Engineer instructing a variation. The Engineer may request a proposal from the Contractor. However, while the Contractor is preparing the proposal it must proceed with the works. Sub- Clause deals with payment in applicable currencies. Sub- Clause deals with Provisional Sums and ought to be read with Sub- Clause which defines Provisional Sum as follows:- a sum (if any) which is specified in the Contract as a provisional sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub- Clause [Provisional Sums].

One complaint regarding 58 in the FIDIC 4Clause th edn was that there was no definition of Provisional Sum; this has beenrectified in FIDIC 1999. Sub-Clause 13.7 is similar to Clause 70.2 of both rd edn and 43 th edn Red Books. Sub-Clause 13.8 was previously found at Clause 70.1 of the 4th edn Red Book, in a much simplified form. Cross-references

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  Clauses, Fidic, Clause 13

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