What are the chances that the Contractor can get additional variation works on a D&B mode of contract aside from: 1. Client initiated changes?

Question

Tom Spilsted · Accepted Answer

Dennis generally in my experience getting variations under a design and build contract which are not Client initiated works is very difficult. The reasons for this are typically
1. The main contractor is responsible for the whole of the design and frequently the designers are notated from the Client ensuring that the main contractor has a full contractual liability for the design from concept to final.
2. Often the discrepancies clauses in say JCT or NEC are amended to close out any potential variation due to differences between the Employer’s requirements and the Contractor’s Proposals.
I suggest you consider the following areas to review if any of these type of events have occurred or are potentially likely to which could be pursued as a variation
1. Review the contract documents to look at any qualifications or clarifications to ensure the client has not reverted to the original position.
2. Provisional sums has the Employer’s Requirements for the provisional sum changed since contract signing? If so potential time and additional costs could be recoverable.
3. Contact All risks Insurance is a project policy by the Client - have any insurance events occurred - these could have potential time and cost recovery.
4. Changes to third party agreements from those listed in the contract documents, a careful and close examination is required and compared to actual site operations.
5. Statutory change from the base date, has this impacted the materials or labour for instance or changed the specification required such as fire protection measures.

What are the chances that the Contractor can get additional variation works on a D&B mode of contract aside from: 1. Client initiated changes?

Construction-management

Dennis Salazar

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