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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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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