Case Studies > Contractual Advice > Case Study 2
Examining the validity of Contractor’s variations under FIDIC Yellow Book
Our Brief
We were appointed by the contractor to examine several variations. The contractor was unfamiliar with both the contract and design & build projects. They considered the variations had arisen when the engineer instructed several changes to the design. The variation claims had been rejected by the engineer. We were requested to provide impartial advice.
The Services
After examining the claims and the engineer’s responses against the contract, we provided a detailed report. It advised the contractor that the initial design submitted by the contractor did not comply with the employer’s requirements and the engineer’s changes were to ensure compliance. The claims for variations were therefore not sustainable.
The Benefit
Whilst we do not like giving our clients bad news, in these circumstances the best thing for the client was to receive honest, impartial advice. Our detailed examination and advice on the matter avoided what could have been a lengthy, costly and time consuming dispute, had the contractor attempted to pursue what were unsustainable claims.