The following Construction guidance note provides comprehensive and up to date legal information covering:
Variations to the agreed drawings and specifications are usually needed on all major construction projects—see Practice Note: What is a variation on a construction project? All standard form construction contracts make provision for them and agreements for lease need to do the same. However, in agreements for lease, both parties (ie the landlord and the tenant) may want to implement variations to the planned works. Each party will wish to control what the other party can do, and therefore the agreement for lease must explain the procedure by which each party can request variations and the type or extent of work which it is permitted to vary. This Practice Note looks at how the agreement for lease may provide for variations requested by the landlord and the tenant.
The landlord's building contract with the contractor will contain provisions enabling it to instruct variations—see Practice Note: Variation instructions on a construction project. These variations may be as a result of the landlord changing its mind, the architect realising a part of the design doesn't work or as a result of the need to overcome a problem which has arisen on the site. Within reason, the landlord has a lot of flexibility and the building contract will deal with how variations (known as ‘Changes’ in some stan
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