How to Identify a Variation Order

To identify whether something qualifies as a variation order in a construction contract, you need to assess whether it changes the original scope, design, quality, quantity, or timing of the works specified in the contract.

Here’s a step-by-step guide to help you identify a variation order:

✅ 1. Check the Contract Scope (Drawings, BOQ, Specifications)

Compare the original contract documents with the new instruction or change. Ask:

Does this change the type of workmaterials, or methods?
Does it add to or omit part of the work?
Does it alter the dimensions, position, or detail?

👉 If yes — it’s likely a variation.

✅ 2. Look for Formal Instructions or Requests

Variations often come through formal communication like:

Architect’s Instruction (AI)
Engineer’s Instruction (EI)
Client Request
Site Instruction (SI)

These should be written and ideally refer to specific contract clauses allowing changes.

✅ 3. Consider the Types of Changes That Count as Variations

Design change

✅ Yes

Quality/specification change

✅ Yes

Quantity increase/decrease

✅ Yes

Change in method or sequencing

✅ Possibly (if affects cost or time)

Acceleration or delay

✅ Possibly (if instructed formally)

Contractor’s own method change

❌ Usually No (unless instructed/approved)

✅ 4. Refer to the Variation Clause in the Contract

Most construction contracts (e.g. FIDICNECJCT, etc.) have specific clauses that define what a variation is and how it should be handled.

Look for clauses like:

FIDIC 1999 Red Book: Clause 13 (Variations and Adjustments)
JCT: Clause 5.1 (Variations)
NEC: Clause 60.1 (Compensation Events)

✅ 5. Has It Been Approved by the Engineer/Contract Administrator?

A variation order must usually be:

Identified via RFI
Measured/valued
Approved
Instructed in writing

If you don’t have written instruction or approval, it may not be considered a valid variation — even if the work has changed.

✅ 6. Look at Cost and Time Implications

Ask:

Will this change affect the contract sum?
Will it impact the project completion date?

If yes, it’s strong evidence of a variation — and may require a Variation Order and/or an Extension of Time (EOT).

Example Scenario:

Original Contract: Build a concrete wall 20m long, 3m high.
Change: Client instructs to increase height to 4m.
Variation? ✅ Yes — change in quantity and scope.

🔧 MEP Variation Scenario Example

📌 Original Contract Scope (as per BOQ/drawings/specifications):

Electrical Works: Installation of LED light fixtures (Model A) in all office areas.

Quantity: 100 units

Location: 2nd and 3rd floors

🛠️ New Instruction Received:

The consultant instructs the contractor to install smart lighting fixtures (Model B) with motion sensors and dimmers instead of Model A.

Model B is more expensive
Wiring needs to be modified
Control system needs additional programming
Delivery time is longer

❄️ HVAC Variation Order Scenario

📌 Original Contract Scope:

HVAC System Type: Ducted split AC system for a commercial office building.

Specified Equipment: Standard efficiency units (COP: 3.2), brand/model as per contract.

Coverage: All tenant office areas on Level 5.

🛠️ New Instruction / Site Condition:

During coordination, the client decides to upgrade to higher-efficiency inverter VRF (Variable Refrigerant Flow) system for energy savings and modern zoning control.

Requires change in equipment type and brand
Requires additional refrigerant piping and controls
Electrical load changes slightly (needs rechecking)
Layout of indoor units and condensers also changes
Civil works adjustments (slab opening for new pipe routing)

🚿 Plumbing Variation Order Scenario

📌 Original Contract Scope:

Install UPVC drainage pipes for all internal soil and waste drainage lines in a residential building.

Pipe routing: To follow the drawings issued for construction (IFC).

Pipe size: 110 mm (for soil pipes), 75 mm (for waste pipes)

Manholes and cleanouts as per standard layout

🛠️ New Instruction / Site Condition:

After work begins on-site, the consultant issues a revised drawing requiring:

All underground drainage pipes to be changed from UPVC to HDPE piping system with electrofusion welding.
Routing to be altered due to unexpected conflict with structural footings.
Additional inspection chambers to be installed.
Requirement to encase pipes in concrete where passing under driveways.

💡 Summary: How to Identify a Variation Order

Scope change?

Compare with contract documents

Formal instruction?

Issued by client/engineer/architect

Type of change?

Design, quantity, quality, method

Contract clause?

Refer to variation clauses

Approval status?

Must be authorized

Cost/time impact?

Variation usually affects one or both

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