FIDIC contracts (pre-2017 editions)—variations
Produced in partnership with Mayer Brown International LLP
FIDIC contracts (pre-2017 editions)—variations

The following Construction guidance note Produced in partnership with Mayer Brown International LLP provides comprehensive and up to date legal information covering:

  • FIDIC contracts (pre-2017 editions)—variations
  • Introduction
  • What is a variation?
  • Methods for an employer to initiate a variation
  • Process of instructing variations
  • Effect of an instructed variation
  • Requests for a proposal in respect of a variation
  • Entitlement to additional payments and extensions of time

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—variations.

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 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:

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

  2. 'any change to the Employer's Requirements or the Works, which is instructed or approved as a Variation under Clause 13' (under the Yellow, Silver and Gold Books)

The inclusion of the employer's requirements in the definition under the Yellow, Silver and