Variations in consultancy services

Variation to the scope of the work requiring increased payments to the consultancy service provider at times can be appropriate as a result of unforeseen circumstances. The procuring entity has a right at any time to issue instructions to the consultant who shall
comply with any such instructions which constitute a variation to the consulting services.

The service contracted could refer to whatever is arising under the statute or at common law in respect to any damage that might occur during contract execution in respect of the following:

  • Any loss or damage to property in connection with the provision of the service or the life of the consultant or the consultant staff in the procuring entity premises
  • Personal injury or death of any person whomsoever arising out of or caused by the carrying out of the contract or the occupation by the consultant or consultant staff on the procuring entity’s premises except to the extent the same is due to any neglect by the procuring entity or any person in the procuring entity is responsible.
  • The consultant shall be liable for and indemnify the procuring entity against any expense, loss, damage, injury to any property arising out of any negligence, omission or default of the consultant, consultant’s servant or agents.

A person shall in his personal capacity be liable in civil or criminal proceedings in respect to any act or omission done in good faith of his performance of his duties. The procuring entity shall indemnify an employee or member of a body of a procurement
entity in performance of his or her official duty arising from the procurement contract provided it’s not as a result of gross negligence, misconduct or abuse of office.

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