How do I know if a variation or extra-work claim is genuine?

The questions to ask

• Was it really outside the original scope? Check whether the work was already covered by the specification, the inclusive rates or the contractor’s own risk under the contract.
• Was it instructed, and by someone with authority? Look for a written instruction, an approved change order or a site instruction confirmed in writing, from a person the contract allows to instruct changes. Oral instructions are a common source of dispute.
• What changed? Find the drawing revision, specification change or site condition that turned original scope into extra work.
• Was notice given on time? If the contractor says an event or instruction entitles it to extra time or money, many contracts require notice within a fixed period. Under FIDIC 1999 and 2017 this is 28 days from when the contractor became aware, or should have become aware, of the event, followed by a detailed claim. Check the letters and their dates. Whether a late notice actually bars the claim depends on the contract and local law.
• Was the work done, and how much? Site records, measurements, photos and DPRs should confirm the work and its quantity.

Then value it fairly

Once the claim is established, the value should follow the contract: BOQ rates where they apply, rates derived from them where they do not (FIDIC Sub-Clause 12.3 on FIDIC contracts), and contemporary records for time and cost.

Illustrative case

A contractor claims an additional shear wall at grid 4 as extra work. The drawing was revised to Rev C, and an engineer’s instruction exists, but it was never priced as a variation and the joint measurement for that level is unsigned. The claim is supported in principle; the quantity and value are not yet. (Illustrative case.)

How AI helps

Titan by NovaKons reads the claim together with the instructions, drawings, correspondence and site records, and shows which parts of the claim are supported, which are not, and what evidence is missing.