2005-09-13
NPM 039-2005
Requesting Entity: AFP Retirement and Separation Benefits System
Issues Concern: AFP-RSBS Relocation Survey Contract
Details
On the other hand, if the original contract subsists, and therefore makes viable the argument for the supplemental contract, it may be prudent and wise to determine whether Section 6.1 of the contract sufficiently contemplates allowance for supplemental contract. Incidentally, it appears that the stipulation merely allows equitable adjustment in the event that an increase or decrease in the original work takes place, upon mutual agreement by the parties and by way of a written a variation order.
It may also be that the contemplated scope of work under the suggested supplemental contract is neither an increase nor decrease of the original work; neither is the supplemental contract the variation order contemplated under the contract stipulation. Whether the supplemental contract finds support in law or the provisions of the contract, the same issue shall be determined mainly by giving its supposed basis an honest construction according to the intent of the parties.