payment will be made for the actual amount of work done and/or materials supplied at the unit prices stated in the tender except as provided below:

a. in the case of a major item where the amount of work performed and/or material supplied by the Contractor exceeds the tender quantity by more than 15%,either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed and/or material supplied which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the work and/or supplying the material under the tender item plus a reasonable allowance for profit and applicable overhead.

b. In the case of a major item where the quantity of work performed and/or materials supplied by the Contractor is less than 85% of the tender quantity, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the work performed and/or material supplied. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of performing the work and/or supplying the material under the tender item plus a reasonable allowance for profit and applicable overhead. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun which is less than 85% of the tender quantity will be paid.

GC 7.05 USE OF CONTINGENCY ITEMS

All sums set out in the Schedule of Prices which shall be stated to be used for contingencies, shall be used only at the direction and discretion of the Engineer; and if not used, either wholly or in part, shall as to the amount not used, be deducted from the Contract Price.

GC 7.06 CLAIMS

i. The Contractor’s attention is brought to the following provisions in the General Conditions:

  1. Clause 2.01, Accuracy of Drawings as to Locations of Structures and Utilities.
  2. Clause 2.02, Soundings, Boring and Inspection of Site.
  3. Clause 3.18, Variations.
  4. Clause 7.03, Valuations of Variations.