Does a site instruction count as a variation?
It does if it changes your work and comes from someone your subcontract allows to instruct, whatever the form calls it.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
Many main contractors use a site instruction form for day-to-day directions. Some of those change your work, and some do not. One that adds work, changes a detail, moves an access route or resequences your work is a variation in substance. That holds even if the word variation appears nowhere on it. One that only repeats what your subcontract already requires is not. Two checks decide it. First, compare the instruction with what you priced, as you would any change. Second, check who signed it, because your subcontract may name the people who can instruct variations. If the instruction changes your work, reply in writing the same day. Say you treat it as a variation, give it a variation number and say you will value it. If the person who signed it lacks authority, ask someone who has it to confirm the instruction before you start. A site instruction you never answered is much harder to get paid later. Our Unpaid Variation Prevention service sets up that same-day reply and a register for every instruction on your job.
Example
Illustrative example. The scenario and figures are invented.
The facts
A roofing subcontractor gets a site instruction to add 18 metres of flashing around 3 new rooflights. The form is marked no cost.
What happens
- The subcontractor checks the tender drawings: the rooflights are not on them, so the flashing is a change.
- It checks who signed: the site manager is named in the subcontract as able to instruct.
- It replies the same day, treating the instruction as variation 12 and saying it will value it under the subcontract.
- It values the flashing at the subcontract rate of £42 a metre: £756.
The outcome
The main contractor accepts the flashing was a change and pays £756 in the next valuation. Marking the form no cost did not decide it; the change did.
To have every site instruction answered the same day and put on a register, see our Unpaid Variation Prevention service.