Introduction

Under 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 works as varied.

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:

1. •

   'any change to the Works, which is instructed or approved as a variation under Clause 13' (under the Red and Pink Books),