FIDIC / Legal Reference: FIDIC Red Book Clause 13
A formal written instruction issued by the Engineer instructing the contractor to alter the scope, character, or quantity of the Works. A Variation Order creates entitlement to additional payment and, where it affects the programme, an extension of time.
What it means in practice
Clause 13.1 defines a Variation as any change to the Works instructed by the Engineer, including changes to quantities, quality, method of working, sequencing, or programme. The Engineer has broad authority to instruct Variations without the contractor’s consent — the contractor’s obligation is to comply first and claim payment afterwards.
Valuation of Variations is governed by Clause 12. Where the varied work is similar to work priced in the BOQ, the BOQ rate applies. Where conditions differ materially, the Engineer should agree a new rate. If agreement cannot be reached, the Engineer makes a determination under Clause 3.5.
Where disputes arise
The majority of final account disputes in UAE construction involve disagreements over whether an instruction constitutes a Variation or falls within the original scope. Oral instructions to vary work — given without a formal VO — are a persistent problem. Contractors should always seek written confirmation.
UAE Context
In UAE public sector projects, Variation Orders sometimes require formal employer approval above the Engineer’s delegated authority. Delays in obtaining that approval give rise to prolongation and acceleration claims.
Related terms
Disputed Variation Orders are among the most common causes of UAE final account disputes. e-Basel provides quantification, expert evidence, and claims advisory support.
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