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JCT: Variation - is it the same if the works were instructed ?

+1 vote
Noting the suggestion that works cannot be omitted under a JCT agreement just to give it to another contractor for a saving, would this still be the case if the works did not form part of the initial scope, but were added via an instruction against a fixed price quote and then omitted say five days later to be executed directly by the Client for said saving ?
asked Jul 11, 2016 in General by Billy W  

1 Answer

+1 vote
Yes the same would apply. Once the variation is issues/agreed it is part of the contract works and therefore cannot be omitted purely for the purpose of giving to a third party. The timing is not relevant just whether the works are in or out of the contract scope at the time they are removed to be given to another.
answered Aug 25, 2016 by Rob Horne (9,570 points)