Consultancy) Tenders.
3. Variation in Contracts
In quite a number of cases while the contract is in
operation, variations are resorted to in accordance with ... variation being a
reasonable option in the given situation.
Regarding Variations as defined in Para 1265 of
Engineering Code following clarification is issued:
"Contracts
been extracted below:-
"18 Price Variation:
18.1. The price variation during extended period of contract.
The price adjustment as worked out above ... clause 18.1, parties have specifically agreed that the Price Variation
during standard period of contract was to be applicable up to the
stipulated date
contract
price of ` 2,19,98,91,379/- followed by Contract Agreement dated July 24, 2002.
The contract was on item rate basis ... formula according to Clause 47.1
of the contract is applicable only for contract price i.e. what has been quoted by the
appellant against different
Special Conditions of Contract modifies
Clause 11 of the General Conditions of Contract which now
stands as "The contract price shall be a firm ... intent of the contracting parties was clear that the
contract was a fixed price contract providing for no variation whether
on account of increase
that the contract is in existence and second, such
contract is substituted by a new contract either by the
same parties or different parties with ... results in substitution, recession or extinguishment of
the previous contract by the new contract. Mere
variation of some terms of a contract does not
constitute
terms and conditions as contained
in 2012 contract. In fact, there was no reference of 2012
contract in the various exchanges that took place between ... contract in terms of
2012 contract is concerned, the perusal of the relevant Clauses 32.2
(2016 contract) and 29.2 (2012 contract) display variations
that the contract is in existence and second, such
contract is substituted by a new contract either by the
same parties or different parties with ... results in substitution, recession or extinguishment of
the previous contract by the new contract. Mere
variation of some terms of a contract does not
constitute
that the contract is in existence and second, such
contract is substituted by a new contract either by the
same parties or different parties with ... results in substitution, recession or extinguishment of
the previous contract by the new contract. Mere
variation of some terms of a contract does not
constitute
first place,
that the contract is in existence and second, such
contract is substituted by a new contract either by the
same parties or different ... results in substitution, recession or extinguishment of
the previous contract by the new contract. Mere
variation of some terms of a contract does not
constitute
better position than where they
would have been had the contract been performed. It is contended that
the same has been observed by the Engineer ... Clause 70.5(ii)(b) of the contract which provides for the formula for
variation in price of steel. Additionally, the contention that the escalation
formula
