Agreement vs Determination
In FIDIC contracts the Engineer must try to get the parties to agree the price and/or EOT for a Variation. If agreement between the parties is not achievable then the Engineer proceeds to make a fair determination as to the price and/or EOT for the Variation.
For help creating and notifying agreement of a Variations see Agreeing a Variation.
Locate the Variation
Navigate to "Variations" in the Projects Explorer and select the Variation you want to determine.
Launch the Perform Variation Action popup
Refer to the Variation panel near the top right of the instruction the Variation relates to and click the arrow in the "Next step" box to launch the "Perform Variation Action" popup.
Notify no agreement achievable
If you have not already done so you must first send a notice that the Variation could not be agreed before you can proceed to determining the Variation.
Select "Notify agreement of Variation not reached"
Enter any remarks you want to include in the notification that agreement could not be reached and click "Send"
Enlarge the preview and examine the notice C-COM has generated for you.
🔔 If you are not satisfied with the notice, close the popup then edit your remarks and preview the notice again.
Click "Send" to send the notice that agreement could not be achieved
Notify your determination
Refer to the Variation panel near the top right of the instruction the Variation relates to and click the arrow in the "Next step" box to launch the "Perform Variation Action" popup.
Select "Notify determination of Variation"
Create your determination
Click "New determination of Variation" to create your determination
The "Create Determination of Variation" form is pre-populated with the price and EOT from the Contractor's proposal (which is shown to the right of the form).
Adjust the price and EOT to what you have determined.
Be sure to attach any supporting documents (e.g. minutes of meetings)
Click "Create Variation Determination" to save your determination
🔔 At this point you have finished creating your determination but you have not yet notified it. You can come back to this screen later (your determination will still be here) and make changes or you can go ahead and notify your determination now.
Send determination
Click "Send" to proceed to the confirmation page
Enlarge the preview and examine the Notice of the the Engineer's Determination C-COM has generated for you.
🔔 If you are not satisfied with the notice of determination close the popup then edit the determination and preview the notice of determination again.
Finally click "Send" to finish
✅ You have successfully created and notified your determination of a Variation.