Variations
Authors
Citation
Asian Architect & Contractor, v.21, no.5, 1991, pp. 38-40
Abstract
In this two part article, Mr Shaw and Mr Haley consider the legal framework within which variations of work to be done under construction contracts arise and should be dealt with. Detailed consideration is given to the variation clauses of the standard forms of construction contract used in Hongkong, several of which are widely used in the region. The article will be concluded next month.
Glenn Haley and Geoffrey Shaw are solicitors working with Messrs McKenna & Co, Hongkong. Both have experience in construction and engineering law.
The authors gratefully acknowledge the valuable assistance given by Mr Doug Jones, senior construction law partner of Morris Fletcher & Cross, Sydney.
(1) 1. Introduction
(a) It is important that construction contracts include a wide power to issue variations.
(2) 2. Need for variation clause
(3) 3. Standard forms of contract
(a) It is vital to establish the scope of work.
(4) 4. Scope of work
(a) 4.1 General
(b) 4.2 Inconsistencies in or between parts of the contract
(c) 4.3 Specific clauses dealing with inconsistencies
(d) Whether particular work, which is clearly outside the original scope of the contract, can be forced upon the contractor under the variations clause.
(e) 4.4 Work not specifically referred to
(5) 5. Limitations on the power to vary
(a) 5.1 Practical completion
(b) 5.2 "General scope" limitation
(c) 5.3 Deletion of work to let another contractor
(d) 5.4 Acceleration
(e) 5.5 For the purpose of correcting defects
(6) 6. Role of the supervisor
(a) 6.1 General
(b) 6.2 Ordering variations
(c) The potential for an independent direct action against the certifier is severely limited by a recent English case which has been followed in Hongkong.
(d) 6.3 Valuation of variations
Description
Subject
Type
Article
Format
Date
1991
Language
en