Variations

Variations

At the outset, construction contracts request the contractor to carry out a specific type and quantity of work but, almost inevitably, changes are required and variations become necessary as the works progress. Variations to the works (also known as changes) are modifications to the original scope of work, whether by way of an addition, substitution or omission to the works, or through a change to the manner in which they are to be carried out. Express provisions must be included in a contract to vary the works. Most building contracts (including all standard forms) contain provisions enabling the employer to instruct variations to the works and obliging the contractor to carry out such changes in return for additional time and/or payment. See Practice Note: What is a variation on a construction project? for more information on what variations are and why they are needed. This Practice Note also considers procedural requirements for instructions, including oral orders, the duty to order a variation, circumstances in which a contractor may recover payment for changed works in the absence of compliance with conditions precedent, and practical tips for preventing and making

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