Variation Not Paid? Claim It Under Security of Payment | PayClaim

Variation Not Paid? Claim It Under Security of Payment

Variations are one of the most common sources of payment disputes in construction. Head contractors or builders often request additional work verbally during the project — then dispute or deny the variation when you invoice for it. If a variation you completed hasn’t been paid, Security of Payment laws give you a legal pathway to recover it.

What Is a Variation?

A variation (or “variation order”) is any change to the original scope of work under your contract. Variations can include:

• Additional work added to the scope during construction
• Changes to materials or specifications
• Extra work caused by unforeseen site conditions
• Redesign or rework required by the principal or architect
• Acceleration of work at the head contractor’s direction

Variations are extremely common on construction projects, and they’re frequently disputed — especially when they weren’t formally documented at the time they were ordered.

Can You Claim a Variation Under the SOP Act?

Yes — in most cases, you can. Under Security of Payment legislation, a payment claim can include amounts for variations, even if those variations are disputed. The adjudication process allows you to present your evidence — site diaries, emails, text messages, photos, witness statements — to support your variation claim.

The adjudicator will assess whether the variation was ordered, whether it was performed, and what the fair value of the work was. Verbal instructions are not automatically disqualified — courts and adjudicators regularly accept evidence of verbal direction.

What Evidence Do You Need for a Variation Claim?

The stronger your evidence, the stronger your claim. Useful evidence for variation disputes includes:

• Text messages or emails from the head contractor or site supervisor instructing the variation
• Site diary entries documenting the direction and work performed
• Photos of the additional work in progress and completed
• Delivery dockets for additional materials used
• Timesheets for additional labour
• Variation request forms (even unsigned ones can be useful)

How PayClaim Handles Variation Disputes

1. Tell us about the variation: Describe the additional work, how it was directed, and what the head contractor is saying now. Include any evidence you have.
2. We assess your claim: Our team reviews your situation and advises on the strength of your variation claim under the SOP Act.
3. Payment claim prepared: We include the disputed variation in your payment claim, correctly documented and supported by your evidence.
4. Adjudication if needed: We manage the adjudication process, presenting your evidence effectively to the adjudicator.

Flat fee. No lawyers. Most variation disputes are resolved in 10–20 business days.

You Did the Work — Get Paid for It

Verbal instructions are real instructions. The head contractor can’t send you out to do extra work and then pretend it never happened. Start your free variation claim with PayClaim today.