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MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(iii)
if the Employer's Representative determines that this change results
in a reduction in the Contract Price, the Employer's Representative
shall proceed in accordance with Sub-Clause 3.5 [Determinations] to
agree or determine a fee (if any), which shall be added to the Contract
Price. This fee shall be 30% of the difference between the following
amounts:
(A)
(B)
such reduction in the Contract Price, resulting from the
change; and
the reduction (if any) in the value to the Employer of the varied
works, taking account of any reductions in quality, anticipated
life or operational efficiencies.
(d)
If the amount in Sub-Clause 13.2(c)(iii)(A) is less than the amount in Sub-
Clause 13.2(c)(iii)(B) no fee shall be added to the Contract Price.
13.3 Variation Procedure
Variation Procedure
(a)
If the Employer's Representative requests a proposal under Sub-Clause
13.1(a) [Right to Vary], prior to instructing a Variation, the Contractor shall
respond in writing as soon as practicable and within 14 days by submitting:
(i)
(ii)
(iii)
(iv)
a description of the proposed design and/or work to be performed and
a works programme for its execution;
the Contractor's proposal for any necessary modifications to the
Contract Programme according to Sub-Clause 8.3 [Contract
Programme], including Milestone Dates and the Time for Completion;
the Contractor's proposal for adjustment to the Contract Price (which
shall, where applicable, be in accordance with the rates set out in the
Schedule of Contract Price); and
any other information requested by the Employer's Representative.
(b)
(c)
(d)
The Employer's Representative shall, as soon as practicable after receiving
such proposal under Sub-Clause 13.3(a) or after receiving a value
engineering proposal under Sub-Clause 13.2 [Value Engineering], respond
with approval, disapproval or comments.
Each instruction to execute a Variation shall be issued by the Employer's
Representative to the Contractor's Representative, who shall acknowledge
receipt.
Upon instructing or approving a Variation, the Employer's Representative
shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or
determine adjustments to the Contract Price, valued using rates set out in the
Schedule of Contract Price, to the extent the Employer's Representative
determines that the scope of the varied work is reasonably comparable to the
unit descriptions contained in the Schedule of Contract Price. To the extent
© UNOPS 2011 87