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3.2.4 Where the Instruction Does Not State that it is a Variation

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If the instruction is not stated to be a variation, but the Contractor considers either:

1 (a) that it does constitute a variation (or involves work that is already part of an existing variation); or

2 (b) that the instruction does not comply with applicable laws or will reduce the safety of the works or is technically impossible

then he is immediately, and before commencing any work related to the instruction, to give a notice to the Engineer or (if Silver Book) the Employer with reasons. The Engineer/Employer is to respond within seven days after receiving this notice, by giving a notice confirming, reversing or varying the instruction. If he does not do so within this time he will be deemed to have revoked the instruction. Otherwise, the Contractor is to comply with and be bound by the terms of the Engineer's or Employer's response.

The 2017 FIDIC Contracts

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