Variation in Construction Contracts

Variation to the original work is almost certain to happen in construction projects due to:

• Site Conditions

• Statutory requirements

• Change in Client’s requirements

• Defective contract drawings, bills of quantities, specification, etc

• Poor cost control e.g: omissions required due to shortage of fund

Without variation clause, changes to the original contract are not allowed. If changes to the Works are necessary:

• Separate contract has to be drawn up (e.g; for additional work)

• A new contract has to be prepared to replace the existing contract (e.g; changes in design)

For contracts based on the bill of quantities, does the contractor have the right to claim variations for works not specified or measured in the bill of quantities?

• Yes

• No

For contracts based on drawings and specifications, does the contractor have the right to claim variations for all works necessary to complete the project, even if these works are not shown in the drawings and described in the specifications?

• Yes

• No

What does a Variation mean in the context of the work as described in the Contract Document?

• Any change to the work

• Only changes in quantity

• Only changes in quality

What are the types of variations of work mentioned?

• Change of quantity of work

• Change of quality of work

• Removal of work executed onsite

• All of the above

What is included in a variation?

• Change of works/materials

• Change of contract terms

• Change of project manager

What materials must be removed from the site according to the contract?

• Materials not required for the work

• Materials required for the work

• Any materials brought to the site

• None of the above

What must the work removed from the site have been done according to?

• The contract

• The supervisor's instructions

• The contractor's discretion

• None of the above

What changes can be made to the contract according to the variations?

• Replacement of any work in the contract

• Change in the level, position, or size of any work

• Change in the type of materials used

• All of the above