Construction Contract Variations

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Construction Contract Variations

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Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands.

Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts.

This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.
Part 1: What are Variations? Chapter 1. Introduction and Scope of the Book Chapter 2. Variations in the Commercial Context Chapter 3. Different Ways of Analysing Contractual Change Part 2: Does The change Amount to a Contractual Variation? Chapter 4. Pricing Mechanisms Under Different Contracts Chapter 5. Assessing Whether the Contract Work has been Changed Part 3: What Work Can be Instructed or Omitted Under a Variations ClauseChapter 6. Restrictions on Changes That can be Instructed Under a Variations Clause Chapter 7. Restrictions on Omitting Work or Instructing New Contractors Part 4: Formalities Required for the Instruction of Variations Chapter 8. The Requirement for a Formal Instruction Chapter 9. Entitlement Without a Formal Written Instruction Part 5 - Evaluating Variations Chapter 10. Valuation Rules Chapter 11. Agreeing the Price for a Variation Chapter 12. Evaluating Delay and Disruption as Part of the Valuation of Variations Chapter 13. Escalation Provisions and Fluctuation Clauses Part 6: Resolving Disputes Involving Variations Chapter 14. Dispute Resolution Procedures and Strategies Part 7: Variation Provisions Under Major Industry Standard Form Contracts. Chapter 15. JCT Contract Review Chapter 16. ICE Contract Review: The Equivalent For the ICE Standard Form Contracts Chapter 17. NEC Contract Review: The Equivalent for the NEC Standard Form Contracts Chapter 18. FIDIC Contract Review: The Equivalent for the FIDIC Standard Form Contracts Chapter 19. IMechE/IEE Model Forms: The Equivalent for the Model Form Standard Form Contracts Published by IMechE/IEE Chapter 20. Standard PFI Documentation Review Chapter 21. Consultants Appointments Review
Michael Sergeant is a partner at Holman Fenwick Willan. He is involved in three principal areas of work: advising at the outset of a project on procurement and contract drafting, advising during the course of a project on problems that arise, and advising on the bringing and defending of claims.

Max Wieliczko is a partner at Holman Fenwick Willan, where he provides advice in relation to all aspects of project procurement and delivery, as well as dispute avoidance and resolution including litigation, arbitration and adjudication, both in the United Kingdom and internationally.