Valuation of Variation Sample Clauses
The Valuation of Variation clause defines how changes to the original scope of work—known as variations—are assessed and priced within a contract. It typically outlines the procedures for quantifying the cost or value of additional, omitted, or altered work, often referencing agreed-upon rates, market prices, or negotiation between parties. This clause ensures that both parties have a clear and fair method for adjusting the contract sum when modifications occur, thereby minimizing disputes and maintaining financial transparency throughout the project.
Valuation of Variation. Subject to clauses 9.9(b) and 11.9, the Contract Price will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 11.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates and prices are applicable to or it is reasonable to use them for valuing, the Variation, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Price is to be an increase, the percentages specified in the Contract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Price is to be a decrease, the percentage specified in the Contract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor as a direct result of the Variation delaying the Contractor; to the extent paragraph (b) does not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contract Administrator, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Contract Price is to be an increase, the percentages specified in the Contract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Contract Price is to be a decrease, the percentage specified in the Contract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Contractor as a direct result of the Variation delaying the Contractor; or
Valuation of Variation. Subject to clauses 8.4, 8.5, 10.4, 10.5 and 12.3, the Subcontract Price will be adjusted for the value of all Variations carried out by the Subcontractor by: the proposed adjustment to the Subcontract Price set out in the Subcontractor's notice under clause 10.1 (if any) if agreed by the Contractor; or if paragraph (i) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the Contractor's Representative using any rates and prices in the Subcontract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the Contractor's Representative. In either case the value of the Variation must include the reasonable costs which will be incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor.
Valuation of Variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contractor's Representative: as agreed under clause 10.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contractor's Representative determines that those rates and prices are applicable to or it is reasonable to use them for valuing the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: agreed between the parties; or failing agreement, determined by the Contractor's Representative.
Valuation of Variation. Subject to clauses 8.4, 8.5, 10.4 and 12.3, the Contract Price will be adjusted for the value of all Variations carried out by the Contractor by: the proposed adjustment to the Contract Price set out in the Contractor's notice under clause 10.1 (if any) if agreed by the Commonwealth; or if paragraph (a) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the PDS Contractor using any rates and prices in the Contract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the PDS Contractor. In either case the value of the Variation must include the reasonable costs which will be incurred by the Contractor as a direct result of the Variation delaying the Contractor achieving Completion by the Date for Completion.
Valuation of Variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 10.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates and prices are applicable to or it is reasonable to use them for valuing the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: agreed between the parties; or failing agreement, determined by the Contract Administrator.
Valuation of Variation. Subject to clauses 8.4, 10.4 and 12.3, the Contract Price will be adjusted for the value of all Variations carried out by the Contractor by: the proposed adjustment to the Contract Price set out in the Contractor's notice under clause 10.1 (if any) if agreed by the Commonwealth; or if subparagraph (i) does not apply: if there is a Table of Variation Rates and Prices, an amount determined by the Contract Administrator using any rates and prices in the Contract which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, failing agreement, determined by the Contract Administrator. In either case the value of the Variation must include the reasonable costs which will be incurred by the Contractor as a direct result of the Variation delaying the Contractor.
Valuation of Variation.
(a) Any adjustment to the Price as a result of a Variation will be determined as follows:
(i) as agreed between the Supplier and Council;
(ii) if clause 3.2(a)(i) does not apply, then to the extent that this Contract sets out rates or prices that are applicable to the Variation, those rates or prices will be used;
(iii) if clause 3.2(a)(ii) does not apply, then by Council, acting reasonably; and
(iv) if a reduction in the quantity of Goods or Services to be supplied, or the omission of any part of the Goods or Services, occurs after the Supplier has incurred costs directly relating to the Goods or Services reduced or omitted, then Council must reimburse the Supplier a reasonable amount for the costs directly incurred (taking into account any steps taken by the Supplier to minimise any Loss suffered).
(b) Other than as set out in clause 3.2(a), the Supplier has no Claim against Council arising out of, or in connection with, any Variation.
Valuation of Variation. Except to the extent expressly agreed to the contrary in writing, any adjustment to the Price as a result of a Variation will be determined as follows:
(a) to the extent that the Agreement sets out rates or prices that are applicable to the Variation, those rates or prices will be used;
(b) if clause 5.4(a) does not apply, then by Council, acting reasonably; and
(c) if a reduction in the extent of Services occurs after the Supplier has incurred costs directly relating to the cancelled Services, then Council must reimburse the Supplier a reasonable amount for the costs directly incurred.
Valuation of Variation. 25.1 All variations instructed in writing by the S.O. in accordance with clause 24 hereof shall be measured and valued by the S.O. The valuation of Variations, unless previously or otherwise agreed, shall be made in accordance with the following rules:
(a) the rates in the Bills of Quantities after adjustment if necessary as provided in clauses 26.6 and 26.7 hereof, shall determine the valuation of work of similar character and executed under similar conditions as work priced therein;
(b) the said rates, where work is not of similar character or executed under similar conditions as aforesaid, shall be the basis of rates for the same, so far as may be reasonable, failing which a fair valuation thereof shall be made by the S.O.;
(c) the rates in the Bills of Quantities shall determine the valuation of items omitted, PROVIDED THAT if the omission substantially vary the conditions under which any remaining items of work are carried out, the rates of such remaining items shall be valued under rule (b);
25.2 Where work cannot properly be measured or valued, the S.O. may allow daywork price as specified in Appendix. Unless otherwise provided in the Bills of Quantities, the daywork prices for the purpose of this Contract shall be taken to mean the actual net cost to the Contractor of his materials, plant and labour for the work concerned. The Contractor shall be paid daywork prices, plus fifteen percent (15%), which shall include for the cost of all ordinary plant, tools, scaffolding, supervision and profit. PROVIDED ALWAYS that as a condition precedent to any right to any payment the Contractor shall produce vouchers, receipts and wage books specifying the time for labour and plant employed and materials used to the S.O. not exceeding seven (7) days after the work shall have been done.
25.3 The amount of variations shall be certified by the S.O. and added to or deducted from the Contract Sum as the case may be and the amount shall be adjusted accordingly.
Valuation of Variation. Subject to clauses 9.9(b) and 11.9, the Subcontract Price will be increased or decreased for all Variations which have been the subject of a direction by the Contractor’s Representative: as agreed under clause 11.2(a); if paragraph (a) does not apply, in accordance with the rates and prices included in the Table of Variation Rates and Prices, if and insofar as the Contractor’s Representative determines that those rates and prices are applicable to or it is reasonable to use them for valuing the Variation, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Subcontract Price is to be an increase, the percentages specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Subcontract Price is to be a decrease, the percentage specified in the Subcontract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor; to the extent paragraph (b) does not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contractor’s Representative, to which will be added: the following percentage or percentages of the amount determined: where the adjustment to the Subcontract Price is to be an increase, the percentages specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; or where the adjustment to the Subcontract Price is to be a decrease, the percentage specified in the Subcontract Particulars for off-site overheads and profit; and any reasonable costs incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor; or by the amount determined by the Contractor’s Representative under clause 11.6.