Variations to scopes of works:

A variation can be a variation to the terms of a contract or a variation in the scope or character of the work required to be undertaken under a construction contract. Variations generally arise in the following circumstances:

• Where the principal requires an adjustment to the work;
• Where the contractor requires an adjustment to the work – for example when faced with an unforeseen difficulty such as tougher than usual ground due to bedrock or prolonged bad weather; and
• Where the details of the work stipulated by the contract falls short or is incomplete.

The main issues that arise from variations are related to a subsequent variation to the contract price and delays. Contractors will often request a variation to the contract price in circumstances where they are required to undertake further or additional work. In such circumstances, disputes are not uncommon, particularly in circumstances where the principal and contractor are in a disagreement as to whether the additional work can be properly qualified as ‘additional’ or outside the scope of the contract. Additionally, delays caused by further or additional work may call for an increase in the contract price by adjustment of liquidated damages. 

Many construction disputes in Sydney stem from variations and ambiguous construction contracts. Our Sydney Construction Lawyers have over a decade of experience assisting clients deal with disputes arising from construction contracts. Our Construction Lawyers have acted for builders, contractors and owners in a variety of delay and variation disputes. Contact our firm by telephone on (02) 9233 4048 or send us an email to info@navado.com.au to arrange a consultation.

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