Civil Engineering Reference
In-Depth Information
use the provision to nominate a sub-contractor, but it is not particularly
wise.
13.8 Variations position under WCD 98
13.8.1 Clauses 12 and S6
The text of clause 12 is as follows:
12
Changes in the Employer's Requirements and provisional sums
12.1 The term 'Change in the Employer's Requirements' or 'Change' means:
12.1
.1
a change in the Employer's Requirements which makes necessary the
alteration or modification of the design, quality or quantity of the Works,
otherwise than such as may be reasonably necessary for the purposes of
rectification pursuant to clause 8 4, including
12.1
.1
.1
the addition, omission or substitution of any work,
12.1
.1
.2
the alteration of the kind or standard of any of the materials or
goods to be used in the Works,
12.1
.1
.3
the removal from the site of any work executed or materials or
goods brought thereon by the Contractor for the purposes of the
Works other than work materials or goods which are not
in
accordance with this Contract;
12.1
.2
the imposition by the Employer of any obligations or restrictions in
regard to the matters set out in clause 12.1.2.1 to 12.1.2.4 or the addition
to or alteration or omission of any such obligations or restrictions so
imposed or imposed by the Employer in the Employer's Requirements
in regard to:
12.1
.2
.1
access to the site or use of any specific parts of the site,
12.1
.2
.2
limitations of working space,
12.1
.2
.3
limitations of working hours,
12.1
.2
.4
the execution or completion of the work in any specific order.
12.2
.1 The Employer may subject to the proviso hereto and to clause 12.2.2 and
to the Contractor's right of reasonable objection set out in clause 4.1.1
issue instructions effecting a Change in the Employer's Requirements.
No Change effected by the Employer shall vitiate this Contract. Pro-
vided that the Employer may not effect a Change which is, or which
makes necessary, an alteration or modification in the design of the
Works without the consent of the Contractor which consent shall not
be unreasonably delayed or withheld.
12.2
.2 Where the Contractor is and while he remains the Planning Supervisor,
he shall, within a reasonable time after receipt of an instruction
effecting a Change in the Employer's Requirements or of an instruction
in regard to the expenditure of a provisional sum included in the
Employer's Requirements, notify the Employer in writing whether,
