What should you do when a variation is rejected?
Do not stop the paperwork and do not walk away. Ask for the reason in writing, test the rejection against the scope, add proof, escalate under the contract, and keep the dispute dates in your diary.
Step by step
- Get the rejection and its reason in writing.
- Compare the work with the contract scope. Was it really extra?
- Find the instruction or document that caused it.
- Strengthen the claim with costs and dates.
- Reply in writing and cite the clause.
- Use the contract's escalation steps and meeting rules.
- Check the security of payment deadlines for your state or territory in case you need adjudication.
Common reasons for rejection
- It is already in scope.
- No written instruction.
- Late notice.
- Cost not proven.
- Work was done to fix the contractor's own error.
Each reason has an answer if the records support you. This is why records made at the time matter.
When to get help
If the sum is large or the other side is firm, get a second view early. A short review of the file often shows which parts of the claim are strong and which need more proof.
Related answers
Questions
Should I keep working while the variation is disputed?
Check the contract. Many require you to continue. Stopping can put you in breach.
Can I go straight to adjudication?
Every Australian state and territory has its own security of payment law and time limits. For example, in Queensland adjudication may be available, but it needs a valid payment claim and strict timing.
Need this done for your project?