EM Form of Contract ieM.ce 2011 For Chil Enginccring Works 50 CONTRACTOR TO SEARCH 50.1 Contractor fo Search a ® e ‘The Engineer may at ony tine before the inne ofthe Cetient of Making Good Defects instruct ‘he Contractor to cary out tx, teal or any messures which may be necessary and reguled 10 search and ascertain the case ofan defects, the Contractor is Hable for these defects under the Contract, the cost of carrying out the tests, ‘snl or measures ae o be filly Bome by the Contractor including the eosis and expenses ineured by the Contractor in remedying the defers. fbowever the Contractor isnot isle fr the defects under the Contact, thea te instruction issued ‘under Clause $9.11) is en instruction for a Variation. Tho scope of this Variation inchades the ‘expenies both in seaching and remedying of the deters SL VARIATIONS: SLL Duty and Power to Issue Variations o ® @ o “The Engineer mutt ive insuctions for Verstion for sny part of the Works if the Variation is necessary forthe completion of the Works, “The Engineer may issue instuction for Variation for any prt of the Works if (8) heiseftheopinion that the Variation is destale forthe Works; or (©) ifthe Variation isin any way a result of any subsequent change in the original intent of ‘he Contnst. ‘The Fagineer’sinstation foe Variation will notin any way muliy the Conta, ‘The Contractor must comply with all instructions requiring Variations and to complete all works comprising the Varistions befoce the Date for Completion or any extended Date for Completion. If however te instruction for the Vavatans i issued by the Engineer after the Date for Completion or any extension fo this date, dhe Coruaotor must then complete the works comprising the Variation ‘within «reasonable time felling the issue ofthe instruction, 512 What Cane Variations (1) Variation whieh mast be inidental end relating t the Works ean be in any of the following, manner of frm ora combination of then () am inerease or decrease inthe quantity ofthe Works or any pat oft, (©) sromission of any part ofthe Wark, (©) change inthe character or quality of any pat ofthe Werks, (©) ahange in the Drawings, (©) any required demolition or removal of any part of the Works as 9 consequence of a change inthe Drawing; and (8 achange in any specifi soqence or timing of constmction of any part ofthe Works. @) An instruction whet i issued to cure, oF which is necesita by, a bresch ofthe Contract by the Contractor cannot pve ise to any Variation, (3) Thote cannot he any Variation without x writen instwtion to thar effet by the Rngincer. A confiemition of verbal insitetion under Clase 32 ie « propely issued instruction within the ‘meaning of tis Clause (4) "The Engineer cannot by way oF an instruction omitng any pact ofthe Works and awaed the omited vvorks to any other person. ‘The Contactor is enti to claim for the loss oF profit by reson of tis ‘© The Insdtation of Eagineers, Page dof 6 Malaysia