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Construction contracts guide
Construction contracts / Variation claims

How long do you have to claim a variation?

A variation claim asks to be paid for work the contract did not price: extra work, changed work, or a direction to do things differently. Each form puts its own clock on it. AS 4000, AS 4902 and GC21 allow 28 days for the claim. The TMR TIC wants a prescribed notice within 20 business days. TfNSW C41 allows 7 days to say a direction is a variation.

The windows

Every Australian form the library holds a variation row for. Some forms hold more than one: GC21 also puts a clock on an unordered variation and on a change in the law. GC21 Ed 2 (ACT), TfNSW C2-GC21, Main Roads WA Major Works and Main Roads WA Minor Works hold no variation row yet.

ContractVariation notice or claim
AS 2124-199228 daysGive written notice of a claim within 28 dayscl 46.1If missed: the claim is barred
AS 4000-199728 daysClaim a variation in writing within 28 days of the directioncl 41.1-41.3If missed: damages only
AS 4902-200028 daysNotify a claim as soon as practicable and give its particulars within 28 days of the noticecl 41.1-41.3If missed: damages only
GC21 Ed 2 (NSW)28 daysClaim a variation in writing within 28 days of the directioncl 68.1-68.3If missed: damages only7 daysNotify a change in Statutory Requirements that changes the work within 7 days of becoming aware of itcl 49.1, 49.4If missed: the claim is barred7 daysNotify an unordered variation within 7 dayscl 48.7If missed: the claim is barred
TfNSW C417 daysWrite to the RMS Representative, before complying where possible and within 7 days of the direction, setting out why a direction that is not stated to be a variation direction is onecl 9.2If missed: the claim is barred
TMR TIC20 business daysGive the prescribed notice for a variation claim within 20 business dayscl 46.1If missed: the costs cannot be recovered

Late does not always mean lost

  • AS 4000 cl 41.1-41.3Notice as soon as practicable (no number); particulars within 28 days. Cl 41.2: 'shall neither bar nor invalidate the claim'.
  • AS 4902 cl 41.1-41.3If particulars are not given within 28 days the notice itself is deemed to be the claim (cl 41.3).
  • GC21 cl 68.1-68.3NSW consequence is 'interest only'. The ACT version instead bars the claim if not included in the final payment claim.
  • AS 2124 cl 46.128 days for a breach claim; 42 days for extra cost from a direction or approval.

When it does

  • TfNSW C41 cl 9.2If the notice is late, you cannot later claim that the direction was a variation (cl 9.2). A direction the RMS Representative states to be a variation direction needs no notice (cl 9.1).
  • TMR TIC cl 46.1Endorsed 'Prescribed Notice Under Clause 46.1'. A late one means the costs cannot be recovered.
  • GC21 cl 49.1, 49.4Notify a change in Statutory Requirements that changes the work within 7 days of becoming aware of it; a late notice bars the adjustment.

Verbal directions and day works

A variation often starts as a direction given on site. Two forms put a clock on writing it down, and two on recording day works.

ContractConfirm a verbal directionDay works
GC21 Ed 2 (NSW)3 business daysConfirm a verbal direction in writing within 3 business dayscl 11.2If missed: no penalty stated1 dayRecord day works on the day they occurSchedule 8If missed: no penalty stated
TMR TIC10 business daysConfirm a verbal direction in writing within 10 business dayscl 33.1(f), (g)If missed: the claim is barred1 dayRecord day works on the day they occurcl 41(a)If missed: no penalty stated
  • TMR TIC cl 33.1(f), (g)'Barred without strict compliance' under cl 33.1(g).
  • GC21 cl 11.2The ACT version of this clause drops the 3-day figure.

A variation is not an extension of time

The same direction can cost money and time, and each has its own clause and its own clock. The time half is on EOT claims. What every notice in these forms costs when late is on time bars.

What this page is, and is not

It is the clause, window and consequence this library holds for each published contract form. It is not legal advice, and it is not your contract: a principal's special conditions can change any window and any consequence here, so read the contract you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

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Common questions

What is a variation claim in construction?

A variation claim asks to be paid for work the contract did not price: extra work, changed work, or a direction to do things differently. Each form puts its own clock on it. AS 4000, AS 4902 and GC21 allow 28 days for the claim. The TMR TIC wants a prescribed notice within 20 business days. TfNSW C41 allows 7 days to say a direction is a variation.

How long do you have to claim a variation under AS 4000?

Notice as soon as practicable (no number); particulars within 28 days (cl 41.1-41.3). A late claim costs damages only: cl 41.2: 'shall neither bar nor invalidate the claim'.

Is a late variation claim barred?

Under AS 2124 (cl 46.1) and TfNSW C41 (cl 9.2), yes. Under the TMR TIC the costs cannot be recovered (cl 46.1). Under AS 4000, AS 4902 and the NSW edition of GC21, a late claim costs damages only.

What if the direction was not called a variation?

Under TfNSW C41 you have 7 days to write and say it is one, or you cannot later claim that the direction was a variation (cl 9.2). A direction the RMS Representative states to be a variation direction needs no notice (cl 9.1). GC21 wants an unordered variation notified within 7 days (cl 48.7).

Is there a variation claim template?

Not here. The library holds each form's window, clause and the cost of missing it, not the wording a claim must carry. Use the clause on the form's own page and your contract's special conditions.