Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm

Transacting over a contract icon | Contracts Specialist

Contract Variations: Making the Changes Right

For sudden changes in the construction work to be done, better make contract variations immediately. It will save you from the trouble of a contract dispute, or any other construction dispute.

Do your contract variations right with Contracts Specialist. Your first consultation is FREE.

Table of Contents

Contract Variations

Contract Variations are changes in the terms and obligations stated in the construction contract. These can be either an increase or decrease in the work needed to be done, changing the scope of work.

These contract variations are to be agreed upon by all parties in the construction project. Better, these should be first put into writing before becoming a valid change. The change could be either in the way things are done, quality of work or in the work costs.

A Homeowner signing a Construction Contract | Contracts Specialist

Causes of Variations

Variations can happen due to unforeseen circumstances. During construction, these circumstances could not be avoided especially if the contract is running for a long time period. Here are some situations to watch out:

Situation #1:You would need to request your contractor to do additional work because you realized that the house may need another wall.  

Situation #2: You have seen that some of the tasks that your contractors have are overlapping and decide to change it to suit their designated tasks more.

Situation #3: You decided to change the quality of your paint that you would use for a paint job as a change of preference.

Situation #4: There has been changes in your work environment such as sudden temperature changes that led to adjust costs.

Situation #5: The everchanging costs of construction materials can be a factor to also change up your prices stated in the contract. Whatever circumstance that led you to request a variation, you and your builder should agree on these changes first before implementing it.

Making a checklist on the contract – Building Contract Lawyer | Contracts Specialist

Types of Variations

As a homeowner, you can request for a variation to your builder for any of these reasons:

  • Change in the quantity of work;
  • Change in the quality of work;
  • Change in the costs for the work to be done;
  • Change on how to do the work and;
  • Change in the latent condition and risk allocation of the construction project.

It is better raise these concerns as early as possible. If you raise these things late, your contractor might not do it immediately thus delaying your work progress. Or for the contractor’s side, they may need additional payment for any new tasks needed in the construction.

So, it is better to deal with these matters quickly to ensure a smooth sailing construction phase.

Review a Contract icon | Contracts Specialist

The Process of Documenting a Variation

Variation orders are made through putting your concerns into writing. You can formally send a letter to your builder containing the changes you would like to propose. Make sure to include important details including the work description, its technical specifications, and any additional costs if any.

But for minimal changes, you can both look over your respective copies of the contract and make handwritten changes. You can initial and date changes such as omission and addition of few words on both copies of your contract. This applies changing certain clauses or sections of your construction contract.

You may want to double check the variation clause in your contract before making a proposal. What mainly matters is that both parties agreed to it signed to the proposed changes. This formally makes the variation valid in which both parties should comply accordingly.

Why should you immediately make a Variation Claim?

Your construction contract sets the course for the construction project until it becomes a success. How good it was constructed and followed will determine how the project go through. So, a variation could either improve it or lead you into a contract dispute.

If you do not inform your builder of any variations, it can cause misunderstandings especially during payment time. Unsaid variations could lead into a contract breach unintentionally. There may be certain times that work done might become a cause of dispute.

A Gavel placed in a courtroom table | Contracts Specialist

So, it is important to inform your builder about sudden changes, and document it properly.

Enforcing your Rights icon | Contracts Specialist

Need help in making Variation Claims?

If you have difficulty knowing whether making a certain variation is valid or not, Contracts Specialist can help you. We can help you review your construction contract, and help you decide if it is appropriate to make the variation.

You are sure to have expert legal advice on variations, whatever situation you are facing. We can help you enforce your rights on your home building contracts, so the house turns into a success.
You can even understand your contract deeper too.

If you have a construction contract to discuss, book a consultation now. The first one is FREE.

You can be confident that you are getting the right legal advice.

Contracts Specialist is a Sydney-based construction law firm that deals with Building DisputesConstruction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.

Bitnami