SITE WORKS AND ACCESS – VARIATION – SUBCONTRACT AGREEMENT

SITE WORKS AND ACCESS

  • The SUBCONTRACTOR shall permit the COMPANY, the COMPANY’s representatives, their staffs and agents and the CONTRACTOR, the CONTRACTOR’s Representative, their staffs and agents (including any other subcontractors engaged in the execution of works under the Main Contract) to have reasonable access to the Subcontract Works Site during the working hours.
  • The SUBCONTRACTOR shall also permit or procure reasonable access for the COMPANY, the COMPANY’s representatives, their staffs and agents and for CONTRACTOR, the CONTRACTOR’s Representative, their staffs and agents to such places off the Subcontract Works Site where Subcontract Works are being executed or prepared by or on behalf of the SUBCONTRACTOR in connection with the Subcontract Works.

VARIATION

  • The CONTRACTOR shall be entitled to vary the Subcontract Works (a Variation) by issuing to the SUBCONTRACTOR a variation order at any time prior to the Time for Completion instructing the SUBCONTRACTOR to alter, amend, omit, add to or otherwise vary any part of the Subcontract Works (a Variation Order). Such Variation Orders may include, without limitation, Variations:
    1. altering or modifying the design of the Subcontract Works included in the Subcontract;
    2. omitting any of the Subcontract Works;
    3. changing the character or quality or kind of any element of the Subcontract Works;
    4. changing levels, lines, position and dimensions of any part of the Subcontract Works;
    5. Subject to Clauses 7.3, 7.12 and 19.2 changing any specified sequence or timing or method of performing any part of the Subcontract Works.

           The SUBCONTRACTOR shall immediately implement such Variation as ordered by the CONTRACTOR.

Any change to the Subcontract Works other than the foregoing, as given below by way of indication, shall not constitute a Variation:

  1. increase in the bill of quantities specified in the Subcontract;
  2. any work which is, in the sole discretion of the CONTRACTOR, deemed to be part of the initial Scope of Subcontract Works; or (See Particular Terms and Conditions Appendix P)
  3. any corrective work, additional service, supply of material and/or field work which are necessitated by the SUBCONTRACTOR’s breach of the Subcontract, or due to errors, omissions and/or failures by the SUBCONTRACTOR in its drawings, specifications, or workmanship.
  • The SUBCONTRACTOR may be entitled to additional payment and/or an extension of time for a Variation only if such Variation constitutes:
  1. additional work of any kind which is in the reasonable opinion of the CONTRACTOR not covered by the initial Scope of Subcontract Works;
  2. alteration or modification of a part or whole of the Subcontract Works which shall be, in the sole opinion of the CONTRACTOR, caused by any reasons not attributable to the SUBCONTRACTOR and/or its subcontractor and/or the personnel of either, and to the extent that such alteration or modification of a part or whole of the Subcontract Works has been completed by the SUBCONTRACTOR in accordance with the Subcontract; and
  3. Subject to Clauses 7.3, 7.12 and 19.2, changing any specified sequence or timing or method of performing any part of the Subcontract Works. (See Particular Terms and Conditions Appendix P)
  • The SUBCONTRACTOR shall not act upon an unconfirmed Variation Order which is received directly from the COMPANY. If the SUBCONTRACTOR shall receive any such direct order, the SUBCONTRACTOR shall forthwith inform the CONTRACTOR and supply a copy of such direct order, if given in writing.
  • The SUBCONTRACTOR shall only implement a Variation when a Variation Order, in writing, has been received from the CONTRACTOR. If the SUBCONTRACTOR is of the opinion that such an order materially affects the Subcontract Price and/or the Time for Completion, the SUBCONTRACTOR shall within five (5) Days from the date of the receipt of such Variation Order submit a written notice to the CONTRACTOR of such effect. Within a further five (5) Days, if so requested by the CONTRACTOR, the SUBCONTRACTOR shall prepare and submit to the CONTRACTOR a proposal including a detailed cost estimate of the Variation and modification of the Schedule for such Variation Order. The terms and conditions of a proposal under this Clause 10.4 shall be deemed to take into account the full and final effects of the relevant Variation upon any and all aspects of the Subcontract and to compensate the SUBCONTRACTOR fully therefrom. The SUBCONTRACTOR shall be precluded from making additional claim for any other consequence directly or indirectly resulting from such Variation. (See Particular Terms and Conditions Appendix P)
  • The CONTRACTOR shall be entitled to reject a proposal wholly or partially within reasonable period after the date of receipt of such proposal if it, in the opinion of the CONTRACTOR, is not reasonable, or if the SUBCONTRACTOR fails to submit the proposal within the time stated in Clause 10.4. If the CONTRACTOR rejects the SUBCONTRACTOR’s proposal wholly or partially, or if the SUBCONTRACTOR fails to issue a proposal and other required documentation and information within the time period as stated, the CONTRACTOR shall be entitled to determine the effect on the Subcontract Price in accordance with Clause 10.6 and/or the Time for Completion, and the CONTRACTOR’s decision shall be final and binding. (See Particular Terms and Conditions Appendix P)
  • Variation Orders, whether resulting in an increase or decrease in the Subcontract Price, shall be valued at the rates and sums as set forth in Appendix I and if appropriate rates or sums are not specified, the Parties shall negotiate in good faith suitable rates or sums to be applied to the Variation.
  • In the event that:
  1. the Parties are unable to agree on the adjustment to the Subcontract Price or on any extension of Time for Completion; or
  2. the CONTRACTOR rejects any proposal made by the SUBCONTRACTOR in accordance with Clause 10.4,
  • The CONTRACTOR may instruct the SUBCONTRACTOR to proceed and the SUBCONTRACTOR shall proceed with the implementation of the Variation in any event such that the Subcontract Works are not delayed pending the granting of an extension of Time for Completion in accordance with Clause 10.4 or 10.5 or the determination of an adjustment to the Subcontract Price in accordance with Clause 10.6, as the case may be.
  • Save as aforesaid the SUBCONTRACTOR shall not make any alteration in or modification of the Subcontract Works.

 

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