Common use of Variation of Work Clause in Contracts

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.