Will an adjudicator award my unpaid variations?
Yes, where you can show the builder directed the work, the work was done, you complied with the variation clause's notice requirement or the clause does not bar a late notice, and the amount is valued the way the contract says. Variations fail at adjudication for one reason far more than any other: a notice clause that makes a short written notice a condition of being paid, and no notice on the file.
The direction is the whole case
An adjudicator wants to see who directed the extra work, when, and in what form. A written site instruction, a signed day docket, an email from the builder's project manager or a diary entry dated the same day all count for something. A phone call remembered six months later counts for very little. 'Do it, we'll sort the paperwork later' is the sentence that loses more variations than any clause.
Then the clause. Most subcontracts say that a direction is only a variation if it is in writing, or confirmed in writing, and that you must notify your claim within a short period or lose it. If the clause makes the notice a condition precedent and you missed it, the adjudicator will usually hold you to it. If the clause is silent on the consequence of a late notice, argue that lateness goes to the builder's prejudice, not your entitlement.
Victoria changed on 15 April 2026: for payment claims served from that date, the old restrictions that kept disputed variations out of adjudication are abolished, and disputed variations can generally be included in a payment claim and pursued at adjudication. If you are in Victoria and were told variations can't be adjudicated, that advice is out of date.
How the adjudicator puts a number on it
Valuation follows the contract: agreed rates first, then the schedule of rates, then a reasonable amount where the contract gives the adjudicator that room. Attach the build-up: labour hours by name and date, materials by docket, plant by hire invoice, plus the margin the contract allows. A variation claimed as a round number with no build-up invites the adjudicator to value it down.
Where the builder's schedule says the work was 'in scope', the adjudicator compares the direction against the scope documents. Keep the drawings and the scope clause the builder issued at tender; the gap between those and what you were asked to do is the variation.
Know where your contract stands
Adjudicate Pro: what an adjudicator would likely award under your state's Act, and whether to apply.
Assess my payment dispute freeCommon questions
The builder's site manager signed my docket. Is that a written direction?
Often, but read the clause. Some subcontracts say dockets are 'for record purposes only' and that only the builder's representative can direct a variation. Where that is the case, the docket still proves the work was done and asked for; the fight moves to whether the clause bars payment, and a signed docket plus a same-day email is a strong position.
I missed the five-day notice. Is the variation gone?
It depends on the words. If the clause says a late notice bars the claim and makes notice a condition precedent, usually yes at adjudication. If it only requires notice 'as soon as practicable' or is silent on the consequence, argue it. Either way, send the notice now; late is better than never for the next claim.
Can I include variations in my payment claim before they are approved?
In the East Coast states a payment claim can include the value of work you say you are entitled to be paid for, and the builder answers it in the schedule. Whether the adjudicator allows it turns on the direction, the clause and the valuation, not on whether the builder ticked an approval box.
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General information for Australian subcontractors, not legal advice. Statutory deadlines and details vary by state and change over time; verify them before relying on them. Written by Mat Kennedy at The Construction Contracts Co.