Preparation of variation claims

For 25 years we have provided advice on all building contracts and sub-contracts and on building contract and sub-contracts disputes including payment claims, disputes over variations, Construction Contract Act claims, disputes over delays in building works and claims over defective works and appearances in all courts.

As Perth construction lawyers we specialise in all building and construction dispute resolution and litigation matters. Our clients include all building and construction companies, engineering firms, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes.  

We can prepare variation claims and we can review building and construction contracts and give advice on making variation claims.  Our practice is located outside of the Perth CBD and because of this our hourly rates and fixed prices for commercial work and for litigation are 20% lower than the standard rates charged by most Perth law firms.  Our rates are extremely competitive compared to the rates charged by other commercial law firms. 

Variations are changes to the original scope of work in a contract, which involve an addition or reduction in the scope of work or value of work under a contract.

Building and construction contracts often contain strict procedures for the parties to the contract to make variation claims.

If the clauses in the contract on variations are not carefully followed, this can lead to a dispute between the parties about the value or scope of work.

Lump Sum Home Building Contracts – Can the price be increased?

Since the introduction of the Federal HomeBuilder and WA Building Bonus grants, there have been issues relating to delays in the construction process and claimed increases in builders’ costs, which we have seen builders look to pass on to owners under their building contracts.

Whilst the widely used Lump Sum Building Contract specifies a price for home construction, there are clauses that allow builders to increase the so-called ‘lump sum’ price in specific circumstances.

Owners are often unaware of these price increase clauses, their rights, and the process to dispute a price increase notice from the builder. If owners want legal advice on disputing a price increase notice they should seek that advice urgently, as there are strict time limits for the dispute process.

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