Handling Contract Variations
Handling Contract Variations
Handling Contract Variations
projects often encounter changes in scope, design, or unforeseen conditions. Here’s how to
effectively manage contract variations:
Review the Contract Clauses: Ensure you fully understand the contract’s provisions
related to variations, such as who can request variations, procedures for approval, and
how costs and time impacts are managed. Many contracts (like FIDIC) have clear
processes for handling variations.
Identify Who Has Authority: Only authorized personnel, such as the project manager or
client representative, should request or approve variations.
Monitor the Project Continuously: Regularly review the work progress, materials, and
design plans to spot any potential need for variation early on.
Communicate Quickly: As soon as a potential variation is identified (e.g., change in
material, design adjustment, or unforeseen site conditions), notify all relevant parties
promptly.
Formalize the Change: The party requesting a variation must submit a formal variation
request in writing, detailing the nature of the change, reasons for the change, and any
impact on project scope, time, and cost.
Proper Documentation: Keep a detailed record of all variation requests, approvals, and
any related communication.
Technical and Cost Assessments: Assess the variation’s impact on the project’s
technical aspects (e.g., design changes or additional work) and on costs. This should
involve quantity surveyors, cost estimators, and design engineers.
Time Impact Analysis: Evaluate the impact on the project schedule. Some variations
might require time extensions, and this needs to be carefully considered and agreed upon.
5. Approval Process
Obtain Approvals: Ensure that the variation is reviewed and approved by the necessary
parties as per the contract. This typically includes the client, project manager, and
consultants. Without formal approval, the contractor should not proceed with the
variation.
Confirm Changes in Writing: Once the variation is approved, ensure that the changes
are reflected in an official variation order (also known as a change order) with all the
revised terms (cost, time, scope).
6. Cost Control and Adjustments
Adjust the Contract Sum: After the variation is approved, adjust the contract value
accordingly. Ensure any extra payments for the additional work are reflected in payment
certificates or invoices.
Monitor Cash Flow: Variations can affect the overall budget and cash flow of the
project. It’s crucial to update financial plans and ensure there’s adequate funding to cover
the variations.
7. Schedule Management
Amend the Project Timeline: If the variation affects the project’s schedule, revise the
timeline to reflect the new deadlines and communicate the changes to all stakeholders.
Mitigate Delays: Implement strategies to minimize delays caused by the variation, such
as reallocating resources or adjusting work sequences.
8. Quality Control
9. Dispute Resolution
Prepare for Disputes: Contract variations are a common source of disputes. Ensure you
have a clear mechanism in place for resolving disagreements about scope changes, cost,
or time implications. Many contracts include mediation, arbitration, or dispute boards for
resolving such issues.
Maintain Clear Records: Record every variation, its cost, time impact, approvals, and
any supporting documentation (e.g., drawings, reports, site instructions). Proper
documentation protects all parties in case of future disputes or audits.
Update Contract Documentation: All changes made due to the variation should be
reflected in the contract documents, drawings, and specifications.
Finalize Payments: Once the variation work is completed, verify that it has been done
according to the specifications and approve final payments. Ensure that the variation
costs are settled in the final account.
Close the Variation: Formally close out the variation by confirming that it has been
executed correctly, and update the project’s records accordingly.
Summary:
Being proactive, transparent, and organized in handling variations ensures that the project stays
on track and helps maintain good relationships between the client, contractors, and other
stakeholders.