Having worked in the Construction industry for good number of years representing all Parties Including Contractors, Employers & Engineer its noticeable that even several experienced Contractors are struggling to prepare Variation Claims in a Competitive manner that would warrant Contractor its entitlements.
For securing a prompt and undisrupted Variation Claim from the Engineer, Foremost Contractors should ensure that their Variation Submission is Precise and Clear and is made easy for Engineers review
Contractual Procedure to follow when Preparing Variation Claims
Provide relevant notices pursuant to Variation Clause of the Contract while ensuring the Notices are sent within specific time limit allowed i.e. 28 Days as per Fidic Contracts.
Strictly follow the Variation procedure set out in the General & Particular Condition of Contracts or Annexes of the Contract.
Include a brief Narrative of the Variation explaining Cause, Effect, Entitlement & Substantiations.
Use the appropriate Variation Template if provided in the Contract Documents or any of its Appendixes.
Ensure to Make reference to the earlier Contractual notices issued pertinent to the related Variation Claim.
Provide reference of the key Clauses , Applicable Laws, regulations that you’re relaying on to support your Variation Claim.
Provide a Chronological log with dates of key notices, emails were issued to Engineer.
Include a checklist & Arrange all the substantiations in an Appendix Order with references.
In Part 2 we will be discussing what are the key Commercial Substantiation documents which should be provided in a Variation Claim.