“Remember, the goal is not just to propose changes but to propose them in a way that they are seen as valuable improvements or necessary adaptations. before you have to”
Submitting variations, whether for project proposals, product designs, or creative projects, is a nuanced process that requires careful consideration and strategy. The key to success lies not just in the quality of your variations but also in how effectively you communicate and justify them.
Proposing modifications under any Conditions of Contract for Construction (it can be FIDIC or any standard contract) demands rigorous adherence to contractual details and the observance of defined protocols to avert disapproval. Herein lies a strategic framework for efficiently navigating and advocating for changes, thereby reducing the likelihood of their rejection:
- Review Contract Provisions
Familiarize yourself with the variation clauses and procedures outlined in the Conditions of Contract. Recognize the processes, prerequisites, and deadlines for submitting modifications, together with any particular communications or paperwork needed. - Thorough Documentation of Variations
Precisely document any deviations or changes from the original scope, including modifications to design or specifications. Provide comprehensive details of the proposed variations with clear reasons for changes and their potential impact on the project's cost, duration, or quality. - Notify the Engineer
Notify the Engineer (as per the Conditions of Contract) in writing of the proposed variations as soon as they are identified or requested by the Employer. Follow the specified notification procedures outlined in the contract, including the timeframe for submitting notifications and any required documentation. - Obtain Approval from the Engineer
Before implementing any changes, secure approval from the Engineer for the proposed variations. The Engineer will evaluate the variations to ensure they are justified, align with contract terms, and assess their overall impact on the project.
- Provide Cost and Time Implications
Include a detailed assessment of the cost and time implications associated with the proposed variations. Provide estimates of additional costs, delays, or disruptions resulting from the variations, as well as any potential savings or efficiencies achieved. - Engage in Constructive Negotiations
Enter negotiations with the Engineer and relevant stakeholders with an open and collaborative mindset. Be prepared to discuss any feedback or objections from the Engineer, aiming for a resolution that satisfies all parties involved. - Formalize Variation Orders
Once the Engineer approves the variations, formalize the changes through variation orders or written instructions issued by the Engineer as per the agreed Change management procedure. Ensure that variation orders specify the scope of the variations, any adjustments to the contract price or completion date, and any other relevant terms and conditions of the contract. - Keep Comprehensive Records
Maintain an organized record of all correspondences, submissions, approvals, and instructions related to variations. Keeping a detailed log of each variation request, including its status, impacts, and outcomes, is crucial.
Adhering to these steps and maintaining a strict compliance with your contractual guidelines can streamline the variation submission process. Make sure you have a variation checklist for documents to be attached, as well as sufficient records to back up each of your submissions. Effective documentation, clear communication, and cooperative negotiations are pivotal for the successful management of variations, ensuring the project's objectives are met efficiently.
This document is intended solely for the informational purposes of those concerned and should not be relied upon as expert advice in any circumstance without consulting an expert professional. This information may not be translated or reproduced without the express written permission of www.tccons.ae.
For additional details, please reach out to info@tccons.ae