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The formal way of instructing a contractor within a contract to change the scope or nature of the works.
A variation may be to add, alter or omit work from the original scope. This can be due to a change in the employer's requirements, legislative or planning requirements or in order to rectify an error of the contractor or sub contractor. It should address the change and allow both parties to then agree who will be responsible for the time and cost which flow from it.
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Drafting a building contract/schedule of amendments鈥攃hecklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method鈥攃onstruction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters 鈥 Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor鈥檚 company number and name at Companies House. 鈥 Obtain consultants鈥 details Confirm the full details of the consultants engaged by the employer; some...
Ireland鈥擟ontract variation鈥攃hecklist This Checklist sets out the issues to consider when drafting a variation document to vary an underlying agreement. For a 鈥榟ow to鈥 guide on varying commercial contracts which signposts relevant content, see Practice Note: Ireland鈥擧ow to vary a contract. Parties may consider contract variation for a number of reasons. For template variation documents, see Precedents: 鈥 Ireland鈥擵ariation agreement 鈥 Ireland鈥擠eed of variation Variations can be drafted in letter form and this may be sufficient where the amendments are minor. Duplicate copies of the letter should always be provided and it is important to ensure that it is signed and returned before the variation is due to take effect. See Precedent: Ireland鈥擫etter of variation. If the variation is solely to extend the term of the original contract, see Precedent: Ireland鈥擫etter of extension. This Checklist is intended for use when varying a business-to-business agreement. Issues to consider The table below sets out the issues to consider when varying an agreement, including preliminary considerations, the difference between using a simple contract...
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A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an addition, omission, or substitution to the works, or through a change to the manner in which the works are to be carried out.The particular nature of the construction process makes the subject of variations important. Inevitably, because the parties cannot anticipate everything which may happen or where a contract is agreed before the design or scope of works are fully finalised, frequent changes are often required. Unless a variation is instructed, a contractor is required to follow the works as originally specified鈥攐therwise it would be in breach of contract.When the employer asks the contractor to vary the work, the variation is being made under the contract rather than to the contract itself. For guidance on changes to the terms of the contract itself, see Practice Note: Contract variation.While touched on briefly below in various parts, for a more detailed analysis of the specific variation...
This Practice Note examines variations under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For detail on variations under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017鈥攙ariations.IntroductionUnder all the FIDIC forms of contract the employer is entitled to vary the works by the issue of variations at any time before the issue of the Taking-Over Certificate (the Commissioning Certificate under the Gold Book) without the need for the contractor's agreement. However, the issue of a variation may entitle the contractor to additional payment and extra time within which the contractor must complete the varied works.Under all the FIDIC forms of contract, variations are primarily governed by clauses 13.1 to 13.3, which set out the right to vary the works and the procedure to be followed.What is a variation?A variation is defined as:鈥'any change to the Works, which is instructed or approved as a variation under Clause 13' (under the Red and...
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Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation鈥檚 name]鈥檚 Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...
Precedent s 106A deed of variation/supplemental agreement AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address] This Agreement is made on [insert date] Parties 1 [insert name], of [insert address] ("Council"); 2 [insert name], of [insert address] (鈥淐ounty Council鈥); 3 [insert name], of [insert address] (鈥淥wner鈥); and 4 [ Additional parties as necessary eg landlord, mortgagee, option holder etc. ] ("[insert additional parties as necessary eg landlord, mortgagee, option holder etc] "). Background (A) The Council is the local planning authority for the purposes of s 106 and s 106A of the 1990 Act for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (B) The County Council is the local highway authority for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (C) [Recite ownership details...
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In a business-to-business contract between a customer and a supplier which does not make provision for price variations, which party bears the risk of an increase in costs due to an increase in the national minimum wage? For the purposes of this Q&A we have assumed that the contract is a business-to-business contract where there is a supplier/customer relationship of some description, and the supplier is either: (a) supplying a work force; or (b) supplying services to the customer, which have been impacted by an increase in costs due to an increase in the minimum wage. Contract provisions It will be necessary to check for any (a) price and (b) price variation provisions within the contract. We refer you to the following materials for information on this type of provision. 鈥 Practice Note: Price, payment terms and interest summarises the main issues arising in relation to price, payment and interest provisions in business-to-business contracts 鈥 Drafting and negotiating a price clause鈥攃hecklist outlines key provisions and issues...
Is it possible to novate one agreement into two separate agreements? If so, will this then duplicate terms, eg liability (if the original liability is 拢1m, will this then duplicate the exposure)? Can this be achieved without seeking express consent but instead notifying the parties through a communications notification piece and via conduct? This Q&A assumes that a commercial agreement between business entities is the subject of potential novation. Novation of one agreement into two agreements Novation occurs when A and B are party to an agreement and B 'transfers' its obligations and rights under the agreement to C, such that C can be said to 'step into the shoes' of B, with a resulting contractual relationship coming into effect between A and C. The effect of a novation is the extinction of the original contract, and its substitution with a new contract, under which the same rights and obligations are to be enjoyed and performed but by different parties, with the outgoing party released from all future ...
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