Variações nos contratos de construção

Variations in construction contracts

Changes to the scope of work in construction contracts are called construction modifications and can include substitutions, additions, and omissions. There are two basic reasons for this: either things happen that are not related to the contract, or the design, scope or circumstances change.

What is variation

Design deviations can be described using the following terms.

  • Design deviations are a change in the scope of work or employer requirements. There may be some kind of need to change or modify the design and quality of work as per the employer's requirements.
  • Variations may also include adding, omitting or substituting work, changing the type or standard of materials or goods to be used in the work, and removing from the site work already performed or materials or goods brought by the contractor to the work.

The above reasons may have led to the initial deviation.

Variations in the construction process

A design change may be initiated by the engineer before the acceptance certificate is issued. It may be an instruction to the contractor or a request for the contractor to submit a proposal.

If the Engineer requests the Contractor to submit a proposal, the Contractor shall respond in writing as soon as practicable, stating the reasons why he is unable to comply or submitting the proposal.

The contractor's proposal may include:

  • Description of the proposed project or work to be carried out and the program for its implementation.
  • Your proposal to change the original program
  • Contract price adjustment proposal

After receiving the proposal, the engineer must respond with approval, rejection or comment. The contractor must proceed accordingly.

If the engineer approves the contractor's proposal for design changes, he agrees to the contractor's costs and program adjustment. The engineer decides whether the stated costs are reasonable.

Variations in constructionVariations in construction

Effects of deviations on construction project

In some construction projects, deviations are inevitable. While we don't like construction deviations, they occur for a variety of reasons, as we discussed at the beginning of this article.

Below are some important facts about the design differences.

  • It could be construction costs and you may need to agree new rates with the contractor for items that were not included in the original bill of quantities.
  • The Contractor may be entitled to an extension of these deadlines if such work affects the project schedule.
  • Deviations can also mean additional work for the consulting team.
  • Disputes may also arise regarding the change, especially if the contractor is unwilling to accept the new change.
  • Additionally, disputes may arise if engineers do not agree to the contractor's costs and extension of the deadline for the change.

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