The contractor should ensure that the written order or confirmation and notices of claim under cls. 51 and 52 are given for any intentional change by the engineer in the dimensions, levels, etc., of the works.
The contractor’s right to extra payment applies to data supplied by the engineer’s representative apparently whether or not power to give the data was delegated to the representative in writing under cl. 2 (3).
3. “COST…BORNE BY THE EMPLOYER”. See p. 31, N. 18.
4. APPROVAL NOT BINDING. See the case set out on p. 399.BOREHOLES AND EXPLORATORY EXCAVATION
18. If at any time during the execution of the Works1 the Engineer shall require the Contractor to make boreholes or to carry out exploratory excavation such requirement shall be ordered in writing and shall be deemed to be a variation ordered under Clause 51 unless a Provisional Sum or Prime Cost Item in respect of such anticipated work shall have been included in the Bill of Quantities.2
1. “DURING THE EXECUTION OF THE WORKS”. See cl. 12, N. 2, but for the engineer’s powers in the maintenance period, see cl. 50.
2. “BOREHOLES OR…EXPLORATORY EXCAVATION…TO BE A VARIATION… UNLESS”, ETC. But see cl. 38 (2) and cl. 50.
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