Variations in Contractual Provisions

What counts as Architect’s Instruction?

• The power to issue instruction comes from the contract.

• Instructions must be in writing or oral.

• Instructions can be confirmed by anyone.

• Only the Employer can issue instructions.

What happens if the Contractor fails to comply with the Architect’s instructions within a stipulated time?

• The Contractor will be penalized.

• The Employer may engage others to carry out the work.

• The Contractor can request more time.

• The work will be delayed indefinitely.

Can the Contractor carry out variation work without prior permission or written instruction?

• Yes, if he thinks it is necessary.

• No, he must have a written instruction from the Architect.

• Yes, if the Employer agrees.

• No, unless it is an emergency.

What is a deemed variation?

• A variation that requires no instruction.

• A variation that is not authorized.

• A variation that is confirmed by the Contractor.

• A variation that is only verbal.

What must the Contractor do if he finds inconsistencies between statutory requirements and the Contract Documents?

• Ignore them.

• Notify the Architect.

• Proceed with the work.

• Consult with the Employer.

What should the Contractor do if he encounters a conflict between the design specifications and the construction methods?

• Follow the construction methods.

• Consult with the Architect.

• Proceed as planned.

• Notify the Employer.

Is the Contractor allowed to make changes to the project scope without notifying the Architect?

• Yes, if it improves the project.

• No, he must inform the Architect.

• Yes, if the changes are minor.

• No, unless it is an urgent matter.

What constitutes a valid change order?

• A written document signed by the Architect.

• A verbal agreement between the Contractor and the Employer.

• A note from the Contractor.

• Any email correspondence.

What is the process for submitting a variation request?

• Submit a verbal request to the Architect.

• Provide a written request with supporting documentation.

• Notify the Employer directly.

• Make changes and inform the Architect later.

How should the Contractor handle a request for additional work from the Employer?

• Agree to the request immediately.

• Evaluate the request and submit a proposal.

• Decline the request if it affects the budget.

• Inform the Architect and wait for instructions.