I am currently working on a project under a JCT D&B contract where additional items have been requested as variations. I have priced the variations and they have been “agreed in principle” and told to get on with the variations but the costs need to be agreed. I have pushed back on this and said that the variation is not agreed until the cost is also agreed, I have been then told that this is a standard JCT clause but I haven’t come across it before - could you please help in clarifying? I am getting tarnished as being unreasonable by sticking to my guns but will be the first to say I’m wrong if I am.
Stuart. The Employer under the Contract has the right to insist that you carry out the Change (its not a Variation in a design and build contract but a “Change”) under the Contract even if you have not agreed the cost and time implications of doing it. You cannot insist upon it being pre agreed as a condition of undertaking the Change. See Schedule 2; Part 1; Valuation of Changes-Contractor’s Estimates; Paragraph 2.5. If you were correct then the Contractor could hold the Employer to ransom over every possible Change.
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