Is this a variation for the contractor?

A project has been awarded to a contractor (design & build - FIDIC) to construct a water treatment plant & he, at his technical proposal to tender, had noted the finished ground level (FGL) of the intake being +16.0 MSL & as well as in the priliminary design report (the existing was around 15 MSL & was initially a paddy field just behind the embankment of the reservoir). Now the client wants to get this raised to +17.5 MSL saying what contractor proposed wasn't esthetically good & would be susceptible for flooding (there is, in fact, no flooding situation as the premises located just at the downstream of the sluice & the possible floods would definitely cater the reservoir & the spillway of it. The maximum downstream water level that could raise at a worse case is + 16.02 MSL & the canal embankment (in between the premises & the canal & the canal runs outside the premises) protects the flow. Contractor is willing to raise provided that a variation is issued whereas the client says that this is not a variation under design & build contract. What's your openion?

Update:

Please note that the preliminary design report reconfirming the FGL as +16.0 MSL, was produced by the contractor (for client's design review) three months after the contract award as notified by the contract. The client in response to preliminary design report, commented that the FGL must be designed according to the maximum flood level & the contractor found that there was no such flood treat (as described before) & the detailed design was submitted accordingly.

Please note that the contract is totally governed by the FIDIC conditions of Contract.

Update 2:

This is totally a design & build project to contractor.

2 Answers

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  • 9 years ago
    Favourite answer

    It depends on the documents of the contract. In the works description it could specify that the FGL could be defined during the construction. On the other hand, if the original FGL would be detrimental for the project on technical or aesthetic grounds, then the project has to be modified.

  • Anonymous
    9 years ago

    If it's not included in the original tender and contract documents, then it requires a variation order to be raised and the work is usually carried out at a 'Day work' rate or an agreed price without resorting to a formal tender.

    Source(s): HND Electronics UK, many years in the UK electrical contracting industry
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