Variation of Work Clause Samples

Variation of Work. 20.1 A Work is not to be varied by the Developer, unless: 20.1.1 the Developer and Council agree in writing to the variation, and 20.1.2 any consent or approval required under the Act or any other law to the variation is first obtained, and 20.1.3 the Developer bears all of the Council’s costs of and incidental to agreeing to and approving the variation. 20.2 For the purposes of clause 20.1 a variation may relate to any matter in relation to the Work that is dealt with by this Agreement. 20.3 If Council requests a variation to a Work after a Construction Certificate has been issued for the Work, then the Council shall be liable to pay to the Developer an amount equal to the increase in the costs of completing the Work, which results from the variation requested by the Council. 20.4 Council shall pay the amount referred to in clause 20.3 to the Developer after the Work is complete, and within 28 days of receipt of: 20.4.1 a tax invoice for the amount claimed by the Developer; and 20.4.2 documentation which demonstrates to Council’s satisfaction the increase in costs as a result of the variation requested by the Council. 20.5 For the avoidance of doubt, a variation to a Work under this clause does not require the variation of this Agreement, provided the Council is satisfied that the variation is generally consistent with the intended objectives and outcomes of this Agreement at the date of this Agreement.

Variation of Work. 14.1 A Work is not to be varied by the Developer, unless: 14.1.1 the Parties agree in writing to the variation, and 14.1.2 any consent or approval required under the Act or any other law to the variation is first obtained, and 14.1.3 the Developer bears all of the Council’s costs of and incidental to agreeing to and approving the variation. 14.2 For the purposes of clause 14.1 a variation may relate to any matter in relation to the Works that is dealt with by this Agreement.

Variation of Work. A Work is not to be varied by the Developer, unless:

Variation of Work. 18.1 The design or specification of any Work that is required to be carried out by the Developer under this Deed may be varied by agreement in writing between the Parties, acting reasonably, without the necessity for an amendment to this Deed. 18.2 Without limiting Clause 18.1, the Developer may make a written request to the Council to approve a variation to the design or specification of a Work in order to enable it to comply with the requirements of any Authority imposed in connection with any Approval relating to the carrying out of the work. 18.3 The Council is not to unreasonably delay or withhold its approval to a request made by the Developer under Clause 18.2. 18.4 The Council, acting reasonably, may from time to time give a written direction to the Developer requiring it to vary the design or specification of a Work before the Work is carried out in a specified manner and submit the variation to the Council for approval. 18.5 The Developer is to comply promptly with a direction referred to in Clause 18.4. 18.6 If the Council gives a direction under Clause 18.4 for a Work before a Construction Certificate has been issued for the Work, the Developer is to comply with the direction at its own cost. 18.7 If the Council gives a direction under Clause 18.4 for a Work after a Construction Certificate has been issued for the Work, the Council is to reimburse the Developer an amount equal to the increase (if any) in the Costs of completing the Work as a result of the variation requested by the Council. 18.8 The Council is to reimburse the Developer the amount referred to in Clause 18.7 after the relevant Work is complete for the purposes of this Deed, and within 28 days of receipt of: 18.8.1 a tax invoice for the amount claimed by the Developer; and 18.8.2 documentation which demonstrates to the Council's satisfaction, the increase in the Costs of completing the Work as a result of the variation requested by the Council.

Variation of Work. Once the scope of work changes after commencement on an approved quotation and/or additional on-site service/labour is required, a variation order will be completed for confirmation before any variations are done. All variations are to be submitted in writing to Nettek and the salesperson who quoted the work.

Variation of Work. 12.1 Embellishment Work is not to be varied by the Developer, unless: 12.1.1 the parties agree in writing to the variation, and 12.1.2 any consent or approval required under the Act or any other law to the variation is first obtained, and 12.1.3 the Developer bears all of the Council’s reasonable costs of and incidental to agreeing to and approving the variation, except where the variation is requested by Council after the approval of the Landscape Plan by Council.. 12.2 For the purposes of clause 12.1 a variation may relate to any matter in relation to the Embellishment Works that is dealt with by this Agreement.

Variation of Work. 16.1 A Work is not to be varied by the Developer, unless: 16.1.1 the Parties agree in writing to the variation, and 16.1.2 any consent or approval required under the Act or any other law to the variation is first obtained. 16.2 For the purposes of clause 16.1 a variation may relate to any matter in relation to the Works that is dealt with by this Agreement. 16.3 Council may direct the Developer, in writing, to: 16.3.1 vary a Work, or 16.3.2 carry out additional works which the Council considers are necessary in order for The Works to operate effectively. 16.4 Council is liable to pay to the Developer: 16.4.1 an amount equal to the increase in the costs of completing a Work, which results from a variation directed by the Council under clause 16.3.1, but only if the variation is directed by the Council after a Construction Certificate has been issued for the Work, or 16.4.2 the costs of carrying out any additional works directed to be carried out under clause 16.3.2. 16.5 Council shall pay the amounts referred to in clause 16.4 to the Developer after the Work or additional works are complete, and within 28 days of receipt of: 16.5.1 a tax invoice for the amount claimed by the Developer, and 16.5.2 documentation which demonstrates to Council’s reasonable satisfaction the increase in costs as a result of the variation directed by the Council, or the costs of any additional works directed by the Council.

Variation of Work. [Drafting Note: This clause is included to provide flexibility in respect of the Works and to allow the Developer to request a variation to the timing/scope of the Works if Council agrees. Delete if not applicable to the agreed arrangement] a) The design or specification of any Work that is required to be carried out by the Developer under this document may be varied by document in writing between the Parties, acting reasonably, without the necessity for an amendment to this document. b) Without limiting clause 5.2, the Developer may make a written request to the Council to approve a variation to the design or specification of a Work in order to enable it to comply with the requirements of any Authority imposed in connection with any Approval relating to the carrying out of the Work. c) The Council is not to unreasonably delay or withhold its response to a request made by the Developer under this clause. Council will provide a response to the request for a variation within 14 days of the developer's submission in writing being received. Council may withhold its consent to a variation of a Works Contribution at its absolute discretion. d) The Council, acting reasonably, may from time to time give a written direction to the Developer requiring it to vary the design or specification of a Works Contribution before the Works Contribution is carried out in a specified manner only if the variation: (i) is not inconsistent with the details contained In Schedules 2, 4 and 5; and (ii) does not require works beyond or outside the scope of the specified Works. e) The Developer must comply promptly with a reasonable direction referred to in this clause at its own cost.

Variation of Work. The design or construction of an Item of Work is not to be varied by the Developer after the Detailed Design Specifications have been approved by Council under clause 11, unless: 21.1.1 the parties agree in writing to the variation (prior to that variation being carried out); and 21.1.2 any consent or approval required under the Act or any other law to the variation is first obtained; and 21.1.3 the Developer bears all of Council’s reasonable costs of and incidental to agreeing to and approving the variation under this Agreement. If, after the Detailed Design Specifications have been approved by Council under clause 11, Council requests a variation to the design or construction of Item of Work, 21.2.1 the Developer will provide the Council with a fee quote for the costs of completing the Item of Work in accordance with the variation requested by Council; 21.2.2 the parties must agree a sum that will be payable by Council to the Developer to account for the increased costs of completing the Item of Work (Variation Amount). The Variation Amount will be an reasonable estimate of the additional costs directly attributable to the variation requested by Council; and 21.2.3 the parties must, acting reasonably, agree an extension to the Hand-Over Date in respect of the Item of Work; 21.2.4 the Developer must carry out the Item of Work in line with the variation requested by Council by the Hand-over Date (as extended under clause 21.2.3); and 21.2.5 Council must pay the Variation Amount to the Developer after the Item of Work (as varied) is complete, and within 28 days of receipt of a tax invoice for the amount claimed by the Developer.