The simple answer to this question is, ‘no’. A variation has a very specific contractual implication for a construction project, writes Guy Jackson, founding partner of Overford.
A change might not be a variation, even though a variation is almost always a change. No matter whether your involvement in a project is as designer, administrator, or contractor, you will likely have to deal with change.
At the outset
In construction contracts, various documents will set out, in some detail, what the project requirements are. These include the specification, bills of quantities, and contract documents. During the course of the project, and as the architect, employer, or some other party determine, more detail may come to light.
For example, the specification of a type of ironmongery may not have been decided at the outset. Certain details, such as ceiling levels may not have been clear at the start of the project. Materials expected for use may become unavailable and/or on extremely long lead times. This means other materials are needed to replace them.
Unexpected change
As the project progresses, the contractor will encounter all manner of unexpected change. Whether it is possible to define, or more importantly, approve the changes as formal variations to the original plan, will depend very much on the detail of the contract.
As an example, it may be necessary for a contractor to create an infill element if a ceiling isn’t level. If not spotted at inception, it may not be anticipated in the design or specification. But, if the contract states that the contractor accepts responsibility for measurement and checking such items, then that will not be a variation for which compensation is available. It may, however, not stop them from submitting a claim for it. Understanding what can and cannot attract compensation is crucial.
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