What counts as a variation
Sub-Clause 13.1 lists the changes a Variation may include:
- Changes to the quantities of items in the Contract, although these are not always a Variation by themselves
- Changes to the quality and other characteristics of any item of work
- Changes to levels, positions or dimensions
- Omission of work, unless it is to be carried out by others
- Additional work, Plant, Materials or services
- Changes to the sequence or timing of the Works
The routes to a variation
- 1The Engineer instructs
A direct instruction under Sub-Clause 13.1. The Contractor carries out the work and the value is agreed or determined.
- 2The Engineer asks for a proposal
Under Sub-Clause 13.3 the Contractor sends a description, a programme and a price, and the Engineer approves, disapproves or comments.
- 3The Contractor proposes
A change the Contractor suggests, including value engineering (Sub-Clause 13.2).
- 4The Contractor asks for an instruction
When a drawing or event changes the work without an instruction, a variation request asks the Engineer to confirm it.
How variations are valued
Work is valued at the contract rates where they apply. New rates apply where the work is not of a similar character or is not carried out under similar conditions, or where a quantity changes by more than 10% and the other tests in Sub-Clause 12.3 are met. Small or incidental work can be valued as daywork (Sub-Clause 13.6).
The time effect
A Variation is a ground for an extension of time under Sub-Clause 8.4. Record the time effect in the variation order. If it is left open, protect it with a notice under Sub-Clause 20.1.
Approvals in UAE practice
On many UAE projects the Particular Conditions require the Employer’s approval before the Engineer instructs a Variation above a set value (Sub-Clause 3.1). Check yours: an order issued without a required approval can be disputed later.
Under Sub-Clauses 13.1 and 13.3, please submit a proposal by 20 July 2026 for a steel canopy over the main entrance to drawing A-520 Rev A: a description of the work and a programme for it, any change to the Time for Completion, and your valuation. Do not start this work until a Variation is instructed.
Common mistakes
- Starting changed work on a spoken instruction
- Descriptions too vague to show what was included
- Leaving the time effect open without a notice
- Carrying out a change as normal work and claiming it months later