Variations - Building Contract Claims - page 347

Trade Contract Sum, as the case may be, including therein any
amounts to which clause 3A.2.3 and clause 3A.2.4 refer, to be
made for complying with the instruction requiring a Variation;

3A.3 .2 .3 any adjustment to the time required by the Trade Contractor for

completion of the Works and the revised Completion Period arising
therefrom (which, where relevant, may be an earlier Completion
Period than that stated in the Appendix).

3A Quotation not accepted - payment by Client

3A.4 If the Construction Manager does not accept the 3A Quotation by the expiry

of the period for acceptance stated in clause 3A.1.2, he shall, on the expiry
of that period

either

3A.4 .1 instruct that the Variation is to be carried out and is to be valued

pursuant to either clause 4.4 or clause 4.7 as appropriate;

or

3A.4 .2 instruct that the Variation is not to be carried out.

3A.5 If a 3A Quotation is not accepted a fair and reasonable amount shall be

added to the Trade Contract Sum or included in the computation of the
Ascertained Final Trade Contract Sum as the case may be, in respect of the
cost of preparation of the 3A Quotation provided that the 3A Quotation has
been prepared on a fair and reasonable basis. The non-acceptance by the
Client of a 3A Quotation shall not of itself be evidence that the Quotation
was not prepared on a fair and reasonable basis.

Restriction on use of a 3A Quotation

3A.6 If the Construction Manager has not, under clause 3A.3.2, issued a con-

firmed acceptance of a 3A Quotation neither the Client nor the trade
Contractor may use that 3A Quotation for any purpose whatsoever.

Number of days - clauses 3A.1.1 and/or 3A.1.2

3A.7 The Construction Manager and the Trade Contractor may agree to increase
or reduce the number of days stated in clause 3A.1.1 and/or in clause
3A.1.2 and any such agreement shall be confirmed in writing by the Con-
struction Manager to the Trade Contractor.
Variations to work for which a confirmed 3A Quotation has been issued - valuation

3A.8 If the Construction Manager issues an instruction requiring a Variation to

work for which a 3A Quotation has been given and in respect of which the
Construction Manager has issued a confirmed acceptance to the Trade
Contractor such Variation shall not be valued under either clause 4.4 or
clause 4.7 but the Construction Manager shall make a valuation off such
Variation on a fair and reasonable basis having regard to the content of such
3A Quotation and shall include in that valuation the direct loss and/or
expense, if any, incurred by the Trade Contractor because the regular
progress of the Works or any part thereof has been materially affected by
compliance with the instruction requiring the Variation.