Variation Orders in Construction Projects

Prepared by Özgenur Baştuğ

Abstract

Construction projects are complex long-term projects with dynamic nature. They bring together multiple parties within different disciplines and require them to work coherently in a designated area to construct a structure with a constrained budget within a specified time. Most of the construction projects are incomplete in terms of design, procurement, contracting prior to the start of the construction due to their complex nature. Project properties are determined and finalized during the construction of the project and changes are exerted within the process.

Although the ultimate goal during the planning phase would be to minimize the changes and unexpected situations, it is almost impossible to plan a construction project without subjecting it to change during the construction phase. While these changes may stem from so many different reasons like material quality, change in design, time considerations, etc. they can be minimized as much as possible with careful planning and execution.

Any deviation from the work scope agreed in the contract is considered as a variation in a project. A variation order (also called change order) is a formal document issued either by the contractor or the client for changes in the project such as changes in the project scope, design, completion date, contract price, etc.

By keeping in mind that variations will be needed at some point of the project, these possible changes must be foreseen before the start of the construction phase. To be able to protect the project from the unforeseen extra costs and disputes with the contractors, variation order format should be prepared carefully within the planning phase of the construction. Variation orders must be clear and detailed without leaving any important information related to description of the work, pricing and timing missing.

Variation Order: Definition & Content

Any deviation from the work scope agreed in the contract is considered as a variation in a project.

A variation order is a written agreement to modify, add to, or otherwise alter the work from that set forth in the contract. In general, variation orders involve change in scope, time and material for additional work, extra costs for additional working hours. Due to dynamic and complex structure of the construction industry changes in the construction projects is inevitable and variation orders are utilized in all types of projects.

According to FIDIC Red Book, each variation may include :

• Changes to the quantities of any item of work included in the Contract.
• Changes due to quality and other characteristics of any item of work.
• Changes to the levels, positions and/or dimensions of any part of the works.
• Omission of any work unless it is to be carried out by others.
• Any additional work, plant, materials or services necessary for the permanent works including any associated tests on completion, boreholes and other testing and exploratory work.
• Changes to the sequence or timing of the execution of the works.

It must be noted that the variations may be initiated any time before the take over certificate of the works is issued, and the variation orders are formed either by the request of the client/owner or with the recommendation for a change from the contractor.

Content of a Variation Order

Since variation orders are many times the reason for a conflict between the agreed parties a variation order must be clear, it should involve no discrepancies. It should involve the work to be done, where and when the work should be executed, the payment method and time, changes in the duration, etc. Therefore, preparation stage of the variation order should be handled very carefully. Variation orders should particularly involve below mentioned information in order not to be the source of conflict/dispute later on between the agreeing parties  :

• Identification of variation order
• Description of variation order
• Reason for change
• Change in contract price
• Change in unit prices (if applicable)
• Change to contract time
• Statement that secondary impacts are included
• Approvals by owner’s and contractor’s representatives

Causes of Variation Orders

The potential causes of the variation orders and the agents who are causing these orders are investigated by many researchers. As a conclusion of the research conducted, four main agents were suggested for the variation orders. These are clients, consultants, contractors, and some external agents. In these agents, it must be noted that clients and consultants are the main drivers for the variation orders.

The most common reasons of the variation orders and related agents who are causing these variations can be seen in the table below:

Causes of Variation Orders & Related Agents

Cause of Variation	Client	Consultant	Contractor	External
Change in plans	x
Change in scope	x
Change in schedule	x
Impediment in prompt decision making process	x
Inadequate project objectives	x
Financial problems	x
Substitution of materials	x
Errors and omission in design		x
Insufficient scope of work		x
Change in design		x
Non-compliant design with client's requirement		x
Conflicting contract documents		x
Insufficient shop drawing detail		x
Design complexity		x
Lack of experience			x
Lack of site management			x
Lack of strategic planning			x
Unavailability of equipment			x
Unavailability of skilled labor			x
New governmental regulations				x
Differing site conditions				x
Adverse weather conditions				x
Change in economic conditions				x
Unforeseen problems				x

Preparation of Variation Orders

Preparation Process of the Variation Orders

Variation Order Procedure Flowchart (Own Chart Modified from )

Variation orders can be either requested by the contractor or issued by the client. Processes followed in these cases slightly differ from each other.

If the variation order is requested by the contractor:

1. Contractor prepares a variation order request form and submits to the client.
2. Variation order request is reviewed and evaluated by the client and if it found necessary the request is approved.
3. After the approval of the request for variation order, proposed document is discussed between the client and the contractor including the effect of the variations on time and cost.
4. Upon agreement, final version of the signed variation order including the scheduling and cost breakdown is submitted to the client by the contractor.
5. Client accepts and signs the variation order and the work described in the variation order may start.

If the variation order is issued by the client:

1. The need for a variation is determined by the client and the variation order proposal is initiated.
2. Initiator variation order is prepared and submitted to the contractor.
3. Proposed variation order is evaluated by the contractor.
4. After the review of the contractor, proposed document is discussed between the client and the contractor including the effect of the variations on time and cost.
5. Upon agreement, final version of the signed variation order including the scheduling and cost breakdown is submitted to the client by the contractor.
6. Client accepts and signs the variation order and the work described in the variation order may start.

It must be noted that if by any reason the variation is deemed unnecessary for the client, then the client has the right to deny the variation order.

Important Points During the Preparation of Variation Orders

While preparing the variation orders, the changed work should be considered in detail. According to Levy , before the submission, variation orders should be complete in every aspect. There should be no need for any further explanation and the variation order should cause no question marks regarding scope, cost or schedule. Below mentioned items should be considered for a detailed and complete variation order :

• The reasons for the variation should be explained in detail and there should be sufficient documentation attached to the variation order to describe the changed condition. If necessary, copies of drawings, specifications can be included to prove and back up the need for the variation.
• Steps required to implement the variation should be explained in detail.
• Any impact on the target completion date or any other schedule impact on the completion of work should be detailed in the variation order. A detailed scheduled should be submitted within the document.
• Any permits that might be required and the estimated time for obtaining these permits should be indicated.
• Any impact on the direct and indirect costs should be considered and the detailed cost breakdown should be included in the variation order.

Impacts of Variation Orders

Construction projects involve complex operations which cannot be accurately determined in advance. Variation orders can be considered as escape points from the contract when the changes are required to the contract. These changes which are executed via variation orders, may satisfy the needs of the client for the overall project, correct the problems faced during the construction phase and to be able to complete the project with maximum efficiency. On the other hand, variation orders may cause significant problems throughout the course of the project if they are not handled carefully.

Variations can be divided into two as beneficial and detrimental variations.

Beneficial variations are the type of variations which are good for the project. They provide positive impact to the project; therefore, they are welcomed by the management of the project. These impacts can be:

• Reduction in cost
• Reduction in time
• Improvement of the quality standards
• Omission of the errors
• Reduction in the degree of difficulty in the project

Detrimental variations are the type of variations that reduce owner value and have a negative impact on a project. They should be minimized as much as possible to avoid the problems. It must be also noted that the detrimental variations may not seem detrimental in the first place but due to their timing they might be considered as detrimental. They may have to be applied due to lack of any other alternative available at that moment of the project. Potential impacts of the detrimental variations can be:

• Cost overruns
• Time overruns
• Disputes between the parties of the contract
• Adverse effect on the professional reputation of one or more parties
• Additional specialist equipment/personnel
• Additional health & safety equipment/measure
• Degradation of health & safety
• Degradation of quality

Annotated Bibliography

The following list provides resources for further research and study on variation orders:

• Edward R. Fisk, Wayne D. Reynolds (1997): Construction Project Administration

This book can be used as a guide for the successful management of a construction project from design phase to close out. It has a complete chapter dedicated to variation orders; in that it is very useful if one wants to learn more about it.

• Sidney M. Levy (2000): Project Management in Construction

This book aims to provide relevant information about each phase of the construction projects for the managers and general contractors.

• International Federation of Consulting Engineers. (1999): FIDIC Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer.