Construction Contract Variations

Michael Sergeant and Max Wieliczko (Holman Fenwick Willan)

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CHAPTER THREE

SCOPE

SECTION A: INTRODUCTION	33
SECTION B: CONTRACT INTERPRETATION	37
SECTION C: CONTRACTUAL OBLIGATION TO UNDERTAKE WORK NOT EXPRESSLY REFERRED TO	50
SECTION D: IMPOSSIBILITY OF BUILDNG THE DESCRIBED SCOPE	56
SECTION E: BUILD RISK AND METHODOLOGY	63
SECTION F: DESIGN RISK	73
SECTION G: DEEMED VARIATIONS	83
SECTION H: CONTRACT PROCEDURES TO RESOLVE INCONSISTENCIES	85
SECTION I: CONTRACTS WITH ALTERNATIVE PRICING MODELS	89
SECTION J: CONTRACTS FOR SERVICES	97

SECTION A: INTRODUCTION

3.1 Construction contracts will define the scope of works that the contractor is required to undertake. In determining whether there is a variation it will be necessary to consider whether the work under review was part of that original scope.

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