ABSTRACT

A construction contract differs from other business contracts, inasmuch as its subject matter invariably involves an element of uncertainty. As a matter of fact, the entire or lump sum form of contract may require elaborate provisions for valuation of additions and alterations generally called variations. The first category of variations includes: the works which are not expressly or impliedly included in the original contract, and therefore are not included in the original contract price, provided the work is done within the framework of the original contract. The FIDIC Standard Form 1987 edition also recognized the distinction between the extra work and additional work to some extent. Clause 51.2 provided that the contractor would not make any variation “without an instruction of the Engineer”. Clause 12.4 of FIDIC 2017 Edition deals with evaluation of omissions. A form contains Clause 12A for determining the rates for the work in excess of the deviation limit.