Essential Law: Variations - Part One

In the first of a series on the basics of construction law, James Worthington and Vanessa Jones begin with variations, considering here the scope of the right to instruct variations.

The variations regime is fundamental to both parties to a construction contract. It gives the employer the flexibility to change the works, and determines the extent to which the contractor will be allowed additional time and money for such changes.

This article will look at some of the issues regarding the extent of the employer's right to instruct a variation and the contractor's right to claim that an employer's instruction is a variation.

What is a variation?

Most construction contracts will include a definition of what is a "variation" under that contract. In general terms, a variation is an instruction by the employer to alter the works to be performed or an instruction to vary their timing, method or sequence.