工程变从更英文资料.doc

Variations in construction contracts can mean changes to the terms of the contract or it can mean changes to the scope or character of the works. In this article, Lim Chuen Ren looks at variations in construction contracts in the latter sense. Variations to the scope of construction works are necessary because no project is impeccable and changes are required to meet unforeseen circumstances or changed requirements. Thus, variation can be in the form of additions, omissions or substitutions. Functions of Variations Clauses Variation clauses are a common feature in construction contracts. It is useful to note, at the outset, that the proprietor is not entitled as of right to direct variations (Ashwell Nesbitt v Allan Co (1912) Hudsons Building Contracts (4th ed) Vol 2 at page 462). Hence the need for a variation clause. Secondly, they ensure that contractors can recover payments for variations properly directed (Knight Gilbert Partners v Knight (1968) All ER 248). Issues Concerning Variation Broadly, problems concerning variations arise in three areas: scope (was it a variation or was the contractor bound to do it anyway?); non-compliance with procedural requirements; and valuing the variations. Whether the variation work is within the scope of the contract will depend, firstly, on the terms of the contract, which sometimes beg the question: what is the contract? In many cases, the documents forming the contract are defined. An example is clause 1.1 of PC-1 (PC-1, 1988 Project Contract by Property Council of Australia) which provides: Contract The contractual relationship between the parties is constituted by: (a) the Formal Agreement to which these Conditions of Contract are attached;(b) these Conditions of Contract;(c) the Contract Particulars;(d) the Works Description; and(e) the other documents (if any) referred to in the Contract Particulars. Even without such explicit provisions, it is probably true to say that the court will not confine itself to the writ