Where a quotation for varied work is accepted, does the agreed price include the delay and disruption costs the variation causes?

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Legal and contractual solutions - Variations

Where a contractor's or subcontractor's quotation for varied work is accepted, does the agreed price include the delay and disruption costs caused by that variation?

Quotations for varied work, and what they are taken to include

Architects and engineers often call for a lump-sum quotation for a major variation. Whether that accepted quotation is taken to have covered the delay and disruption the variation causes turns on its wording and on the form of contract.

Quick answer

It depends on the wording and the form: an accepted quotation is best read as agreeing the contractor's financial entitlement under the variations clause rather than as a separate contract, so a contractor should state expressly whether the quotation includes resultant delay and loss and expense, because JCT 2011 requires those to be included while the ICE 6th Edition does not

It depends on the wording of the quotation and the form of contract. An accepted quotation could be argued to be a separate contract, in which case foreseeable delay and disruption costs would sit within it, but that argument risks putting time at large and losing the employer its liquidated damages, and the courts now prefer to keep the dispute inside the contract. The better reading is that a quotation and its acceptance fix the contractor's financial entitlement under the variations clause rather than a fresh contract. How much a quotation must contain differs by form. JCT 2011, by Schedule 2, requires a quotation to include any adjustment to time and any loss and expense. The Engineering and Construction Contract runs every variation through a compensation-event quotation covering time and money together. Under the ICE 6th Edition no quotation is required, and a quotation there goes to the valuation of a variation under clause 52.1, while the ICE 7th Edition requires the contractor to include an estimate of the time and delay cost. Across the forms the safe course is to state expressly what the quotation includes.

Separate contract argumentRisks putting time at large and losing liquidated damages
The better readingA financial entitlement under the variations clause, not a fresh contract
JCT 2011A Schedule 2 quotation must include time and loss and expense
Engineering and Construction ContractEvery variation is a compensation-event quotation, time and money together
ICE Editions6th requires no quotation; 7th requires time and delay cost to be estimated

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