DEVIATIONS/ VARIATIONS IN QUANTITIES Sample Clauses
The 'Deviations/Variations in Quantities' clause defines how changes in the quantities of work or materials specified in a contract are managed. It typically allows for adjustments to the contract price or schedule if the actual quantities required differ from those originally estimated, such as when more or less material is needed due to unforeseen site conditions. This clause ensures that both parties have a clear process for handling quantity changes, thereby allocating risk and preventing disputes over payment or performance when deviations occur.
DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.
5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer-In-Charge or his representative on behalf of the Company. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works.
5.2. If the additional or altered work includes any class of work for which no rate/rates is/are specified in the contract, rates for such items shall be determined by the Engineer-In-Charge as follows:
a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in the contract/tender, failing which
b. the rates shall be derived from the Company's prescribed Schedule of Rates based on which the estimate for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole work quoted by the Contractor is above or below the estimated amount as per the tender documents, failing which
c. the rate shall be derived from Contractor's rate claimed for such class of work supported by analysis of the rate/rates claimed by the Contractor. The rate to be determined by the Engineer-In- Charge as may be considered reasonable taking into account percentage of profit and overhead not exceeding fifteen percent or on the basis of market rates, if any, prevailing at the time when work was done. In the case of composite tenders, where two or more schedule of quantities for similar item description may form part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the similar item of work in the other schedule of quantities. However, the Engineer-In-Charge shall be at liberty to cancel the...
DEVIATIONS/ VARIATIONS IN QUANTITIES. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are provisional and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.
5.1. The Company through its Engineer-In-Charge or his representative shall, without radically changing the original scope and nature of the contracted work, have power to make any alterations in or additions to or substitution of the original and instructions that may appear to be necessary or advisable during the progress of the work. The Contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by Engineer- In-Charge or his representative on behalf of the Company. considered as radical change in the original scope and nature of the contracted work, for the purpose of clause 5.1 of CMM and shall be approved by CFD of Subsidiary Company. Such change of site shall not require consent of the Contractor. CFD of the Subsidiary Company may approve change of site in other situations also, depending upon the prevailing local conditions. However, if change of site relates to mine outside the Area but in the same Coalfield due to situations as enumerated above, may be decided by the CFD of the Subsidiary, with the consent of the Contractor. Such altered or additional work, which shall form part of the original contract, shall be carried out by the Contractor on the same conditions in all respects on which they agree to do the main works and at the same rate/rates as are specified in the contract. In case of difficulty in handing over the site indicated in tender document or in continuing the work as per the agreed time and progress chart in allocated site, the Company shall have the right to allocate an alternative and/or supplementary site similar to the original site in terms of geological formations and may be in the same range of leads or otherwise as per available geo-mining conditions in the same mine or nearby mine to achieve the quantity limited to mutually agreed time and progress chart/Scope of Work. Once the adequate hindrance free space at original site is available, the work may be restored in the original site with mutual consent. In such cases no extension of contract with additional quantity shall be done. Further in case of composite contract, (i.e., OB Removal and Coal Extraction) suitable changes shall be done along with change of site ...