REALWorld Law

Construction

Variations

How are variations to the specification for engineering or construction works normally dealt with?

Canada

Canada

Contractual mechanisms for dealing with variations to the works vary depending on why the variation is requested:

  • Employer-led changes: Under most standard form contracts, the employer has the right to request variations to the works, for which the building contractor is entitled to additional time and money. The building contractor is also entitled to raise reasonable objections to material changes.

  • Contractor-driven changes: Where variations are necessary due to the building contractor's error, delay or default, the contractor is not usually entitled to additional time or money under the contract. The contractor is also liable for any delays caused to the project by these variations, and where the variation means that the work has not been carried out in accordance with the contract.