What is variations in FIDIC 1987

Aas per clause 51.1

Alterations, Additions and Omissions

The Engineer shall make any variation of the form, quality or quantity of the Works or any part thereof that may, in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion, be appropriate, he shall have the authority to instruct the Contractor to do and the Contractor shall do any of the following:

(a) increase or decrease the quantity of any work included in the Contract,

(b) omit any such work (but not if the omitted work is to be carried out by the Employer or by another contractor),

(c) change the character or quality or kind of any such work,

(d) change the levels, lines, position and dimensions of any part of the Works,

(e) execute additional work of any kind necessary for the completion of the

Works, or

(f) change any specified sequence or timing of construction of any part of the Works.

No such variation shall in any way vitiate or invalidate the Contract, but the
effect, if any, of all such variations shall be valued in accordance with Clause 52.
Provided that where the issue of an instruction to vary the Works is necessitated
by some default of or breach of contract by the Contractor or for which he is
responsible, any additional cost attributable to such default shall be borne by the
Contractor. 

Who Can Instruct Variations? 

As per Clause 51.1-"The Engineer shall make any variation of the form, quality or quantity of the Works or any part thereof that may, in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion, be appropriate, he shall have the authority to instruct the Contractor to do and the Contractor shall do any of the following:" 

-The Engineer  can make a variation to the "Works". 

What is Works ?

As per Clause 1.1

(f)   (i) "Works" means the Permanent Works and the Temporary Works or either

of them as appropriate

(ii) "Permanent Works" means the permanent works to be executed
(including Plant) in accordance with the Contract.

 example:

-Any work ( final product ) that the contractor leave behind like the block work, Steel window , concrete slab etc.

(iii) "Temporary Works" means all temporary works of every kind (other than Contractor's Equipment) required in or about the execution and
completion of the Works and the remedying of any defects therein.

example:

 -All that is required to build the permanent works except contractor's equipment.

example:

Temporary office facility, shoring, temporary bracing for masonry walls, Temporay office etc. 

 

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