Variations Definition

GLOSSARY

Published by a ��Ӱ�� Construction expert

What does Variations mean?

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.

View the related checklists about Variations

Contractor steps to take if employer becomes insolvent—checklist

Contractor steps to take if employer becomes insolvent—checklist This Checklist sets out a number of practical steps that a contractor should consider taking where the employer becomes insolvent during a construction project. This Checklist assumes that the employer has entered into a written contract with a main contractor for construction works which are not yet complete, and that the contractor has engaged sub-contractors. It assumes that it is not a PFI project. The actions to be taken in any specific situation will of course depend on the terms of the contract(s) between the parties and the status of the works at the time of the employer's insolvency, but this Checklist is intended to provide a starting point for the contractor to consider. For guidance on how to spot potential problems with solvency and how to protect the contractor’s position at the outset of a project, see Practice Note: Construction insolvency—how to spot problems and how to protect yourself—contractors. In the event that the employer has become insolvent, the contractor needs...

Drafting and negotiating a time of the essence clause—checklist

Drafting and negotiating a time of the essence clause—checklist This Checklist outlines key provisions and issues for consideration when drafting and negotiating time of the essence clauses. For a Precedent time of the essence clause together with detailed drafting notes, see Precedent: Time of the essence clause. For information on time of the essence, exceptions to the general rule and practical issues to be considered by customers and suppliers, see Practice Note: Time of the essence. Legal Issues General comments What to watch out for Nature of the term: condition, innominate term or warranty Time will be of the essence where the parties expressly stipulate that time will be of the essence. If time is of the essence, a delay may give rise to the right to terminate the contract and a right to recover damages.In the absence of express wording, for time to be of the essence it must be a condition of the contract. If the provision dealing with time is construed as an innominate term or a warranty, it...

What is a variation on a construction project?

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—otherwise 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...

FIDIC contracts (pre-2017 editions)—variations

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.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:•'any change to the Works, which is instructed or approved as a variation under Clause 13' (under the Red and...

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Notice of assignment of contract—from assignor

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Confidentiality and personal data sharing agreement—one-way—pro-recipient

Confidentiality and personal data sharing agreement—one-way—pro-recipient This Agreement is made on [date] Parties 1 [Insert name of party] [of [insert address] OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address]] (the Recipient); and 2 [Insert name of party] [of [insert address] OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address]] (the Discloser), each of the Discloser and the Recipient being a party and together the Discloser and the Recipient are the parties. Background (A) The Recipient carries on the business of [insert details] and the Discloser the business of [insert details]. (B) The Discloser intends to disclose Shared Data to the Recipient for the Purpose. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Authorised Person • means any of the officers, directors, members, partners, employees, consultants, agents, representatives, sub-contractors or professional advisers of the Recipient or...

Dive into our 304 Precedents related to Variations

Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?

Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent? The issue is one which remains open to interpretation since the relevant provisions have only ever been considered once by the County Court and, even then, in a different context (see HFC Bank Ltd v Grossbard, Leeds CC, 17 November 2000 (not reported by ��Ӱ��®)). The question refers to a ‘CCA regulated mortgage’. Any agreement which comes within the definition of a ‘regulated mortgage contract’ cannot be regulated by the CCA, we have therefore assumed your query deals only with other secured lending under the CCA. The starting point is section 78A of the Consumer Credit Act 1974 (CCA 1974). Subject to certain exceptions, it provides that a creditor must ‘inform the debtor in writing’ of interest changes under regulated agreements ‘before the variation can take effect’. No further guidance is...

A debenture has been filed and accepted on the charges register at Companies House. In the party particulars of the debenture, it refers to the old registered office for the company against whom the charge is registered. At the time the document was signed and dated, the registered office had changed. Does this pose a problem for enforcement of the charge should that need to occur?

A debenture has been filed and accepted on the charges register at Companies House. In the party particulars of the debenture, it refers to the old registered office for the company against whom the charge is registered. At the time the document was signed and dated, the registered office had changed. Does this pose a problem for enforcement of the charge should that need to occur? A debenture is a written agreement between a lender and a borrower giving security (whether by fixed or floating charge) over the assets of a company, and is registered at Companies House. Section 859A of the Companies Act 2006 (CA 2006) provides that a charge created by a company must be registered by the registrar provided that a CA 2006, s 859D statement of particulars is delivered to the registrar within a period of 21 days after the creation of the charge unless an order extending time has been made. The particulars required do not include the registered address of...

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