REALWorld Law



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



The contractual mechanisms used to deal with variations to the works differ depending on why the variation is requested:

  • Owner-led changes: Under most standard-form contracts, the owner has the right to request variations to the works, and the building contractor is entitled to additional time and money accordingly. The building contractor is also entitled to raise reasonable objections to material changes.
  • Contractor-driven changes: Where variations are necessary due to an error, delay or default by the building contractor, the contractor is not usually entitled to additional time or money under the contract. He is also liable for any delays caused to the project by these variations, and for any consequential non-compliance with the contract.