How to Submit a Variation That Actually Gets Paid (and Won't Be Ignored)
1. The "Golden Rule": Notice is Everything
Most contracts (especially the heavy-duty ones like AS4000 or GC21) have strict Time Bars. If you don’t notify the client within the specified time frames, often as little as 2 business days - you may legally lose your right to claim for extra money.
The Trap: Thinking "I'll sort it out at the end of the month."
The Fix: Send a notice of variation the moment the scope changes. Even if you don’t have the final cost yet, get the notice in writing immediately. Be sure to check the requirements for notices under your construction contract.
2. Evidence: Records, Records, Records
A Head Contractor sitting in a comfortable office 50km away from site doesn't see the additional work that you’re dealing with.
Timestamped Photos: Take photos before, during, and after the extra work.
Site Diaries: Ensure your Site Supervisor records the exact hours, plant, and quantities of materials used for that specific variation.
Seek written direction from the client: Before proceeding request that the client confirms verbal instructions with written follow-up. If it’s not in writing, what’s to say anyone directed you to do the additional work?
3. The "Scope Gap" Strategy
Don't just say "Extra plumbing work." You need to contrast the New Work against the Original Scope of Works.
Pro Tip: Quote the specific drawing number or specification clause from the contract. Show the client exactly where the original scope ended and where this new requirement began. It makes it much harder for them to claim it was "already included."
4. Value the variation correctly
Most construction contracts will determine how Variations are valued. If not, to get paid fairly, your variation should include:
Direct Costs: Labour, materials, and equipment.
Indirect Costs: Site supervision and mobilisation.
Margin: a percentage for overheads and profit.
Delay Costs: If the variation pushed the schedule back, are you entitled to Delay costs?
5. Use the "Right" Language
Avoid being emotional or aggressive. Use "Contract Speak." Instead of saying "You're ripping us off," use:
"Under Clause [X] of our agreement..."
"This constitutes a direction to vary the works..."
"Please provide a written direction to proceed to ensure project continuity."
The Reality Check
If you are consistently fighting for variations, the problem might not be your work, it might be your Contract Admin processes. In today’s construction and building industry, a subcontracting business cannot be run on "she'll be right" handshakes. You need a system that captures variations as they happen, not when the bank account is empty.
Need a "Contract Shield" for your next project?
If you're tired of doing the work and fighting for payment, let’s talk. At HSP Advisory, we help subcontractors manage the "paperwork war" so they can focus on the build. Book your free 30-minute strategy call below.
