** This clause permits either party to request modifications, additions, or changes to the original scope of work during contract performance, typically triggered by unforeseen circumstances, changed conditions, or force majeure events. The clause establishes a mechanism for handling work that falls outside the original contract specifications without automatically terminating the agreement or creating a breach. It generally requires documentation of the variation request, assessment of impact on timeline and cost, and mutual agreement (or a defined approval process) before proceeding. The clause addresses how compensation, scheduling adjustments, and resource allocation will be managed when additional work becomes necessary due to circumstances beyond the parties' control, such as natural disasters, regulatory changes, or site conditions that differ materially from initial assumptions.
**
**
** Ensure the clause clearly defines: (1) what constitutes a valid variation request and who can initiate it; (2) the approval process and timeline for decisions; (3) how costs and schedule impacts will be calculated and who bears them; (4) whether variations are mandatory or optional; and (5) a cap or limit on cumulative variations to prevent scope creep. Specify whether force majeure events automatically trigger variations or require formal requests. Include provisions for documenting all variations in writing and maintaining a variation log. Consider negotiating whether the contractor can proceed with work pending approval or must wait for written authorization. Clarify dispute resolution if parties disagree on whether an event qualifies as force majeure or on the cost of the variation. **
Frequently Asked Questions
What does this clause mean in simple terms?
** This clause permits either party to request modifications, additions, or changes to the original scope of work during contract performance, typically triggered by unforeseen circumstances, changed conditions, or force majeure events.
Why should I care about this clause?
The clause establishes a mechanism for handling work that falls outside the original contract specifications without automatically terminating the agreement or creating a breach.
What are my options?
It generally requires documentation of the variation request, assessment of impact on timeline and cost, and mutual agreement (or a defined approval process) before proceeding.
How does this affect small businesses?
The clause addresses how compensation, scheduling adjustments, and resource allocation will be managed when additional work becomes necessary due to circumstances beyond the parties' control, such as natural disasters, regulatory changes, or site conditions that differ materially from initial assumptions.