Construction variation claim assessment checklist
Construction variation claims must meet strict contractual requirements. This checklist is for principals, superintendents, and lawyers assessing variation claims.
This is a 12-step checklist for assessing a construction variation claim. It covers authority, notice, scope, pricing, and payment entitlement.
The checklist
Identify the variation clause
Identify the clause of the contract governing variations.
Check variation instruction
Verify a valid written instruction or direction issued by the authorised representative.
Check notice compliance
Confirm the contractor gave required notice within the contractual time bar.
Verify scope of variation
Confirm the variation is within scope of what the principal can instruct.
Check whether work is additional
Confirm the claimed work is additional to the original contract scope, not a defect rectification.
Review pricing method
Check whether pricing is per schedule of rates, rates pro rata, or reasonable rates.
Check supporting documents
Review invoices, timesheets, and material dockets supporting the valuation.
Assess margin and overheads
Confirm margin, profit, and overheads applied are per the contract.
Assess time impact
Assess whether the variation triggers an EOT claim.
Check concurrent variations
Check for overlapping or duplicate variation claims.
Prepare assessment
Prepare a written assessment with approved amount and reasoning.
Communicate decision
Communicate the assessment to the contractor with reasons for any reduction.
When this checklist applies
Use each time a contractor submits a variation claim for assessment.
Common pitfalls
- Variation instruction not in writing
- Notice served outside contractual time bar
- Pricing method inconsistent with contract
- Margin applied to excluded costs
- EOT impact not assessed
Run this checklist on a real matter
Quillio can assess a variation claim against the contract clause and supporting documents. See /practice-areas/construction-lawyers or start a free trial.
General guidance for variation assessments. Apply the specific contract terms and jurisdiction.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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