That was already included in the price.” If you’ve heard that line after doing extra work on a JCT contract, you are not alone. Variation claims are one of the most common – and most frequently disputed – areas of subcontractor payment, often because the paperwork wasn’t handled correctly at the time.
What Counts as a Variation?
A variation is any change to the work described in your original contract – additional work, a change in specification, or work omitted entirely. Under JCT contracts, variations should be instructed formally, usually in writing, before you carry out the extra work.
Why Verbal Instructions Are Risky
Being told to “just crack on” with extra work on site, without anything in writing, is one of the most common ways subcontractors lose money. If a dispute arises later, a verbal instruction is far harder to prove than a written variation order – and the paying party may simply deny it happened.
How to Protect Yourself
Whenever you are asked to do work beyond your original scope, confirm it in writing – even a same-day email summarising what was agreed is far better than nothing. Keep site diaries, photos, and dated records of any instruction, verbal or written, so you have evidence if the variation is later disputed.
What to Do If a Variation Claim Is Rejected
If a variation claim is refused, check your contract’s valuation rules – many JCT forms set out how variations should be priced, and a contractor cannot simply ignore agreed rates without justification. If you have written evidence of the instruction, you are in a much stronger position to challenge the rejection.
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