Construction Law



Page 646


7.01 The term “variation”1 refers to work performed by a contractor, or omitted from its scope of works, usually at the express direction of the contract administrator (acting on behalf of the owner) pursuant to a contractual power, where the instructed work is different to that which was in the original scope of works, or it represents an omission of work that the contractor was otherwise required to perform.2 A variation may also occur where a contractor is lawfully directed to change its manner of work, or to resequence its work, which may occur, for example, where a contractor is instructed to perform its work in a manner different to that indicated in a work method statement that forms part of the contract.3 A variation may also arise where a contractor is lawfully instructed to suspend its work for a period of time. The circumstances in which a variation may be instructed are manifold.

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