Variation claim letter template: the same-day email and formal notice that save the claim
Verbal directions are directions, right up until it is time to pay for them. This template is the habit that beats the clause: a same-day email confirming the site direction as a variation, followed by the formal notice your contract requires. Send the first part before you leave site, every time the work changes.
- The builder's team directs a change on site: more scope, different materials, a redesign, out-of-sequence work
- You are asked to "just sort it while you're here"
- A drawing revision or RFI response changes the work you priced
PART 1: SAME-DAY SITE CONFIRMATION (send before you leave site) Subject: Variation: [project name], [short description], [date] Hi [name], Confirming our discussion on site today ([date]) regarding [describe the change, e.g. additional GPOs to the level 2 meeting rooms / revised setout to grid B]. We are treating this direction as a variation under the subcontract. Formal notice and pricing will follow within the contract timeframes. Unless you advise otherwise, work will proceed on that basis. Regards, [name] [company] PART 2: FORMAL VARIATION NOTICE (send within your contract's notice window) NOTICE OF VARIATION Contract: [subcontract title / number] Project: [project name] Date: [date] To: [head contractor], Attention: [contract administrator] 1. Notice is given under clause [X] of the subcontract that the following direction constitutes a variation to the works. 2. The direction: [describe the changed work]. Directed by [name / role] on [date], [verbally on site / by email / by drawing revision no. X]. 3. Effect on the works: [summary: added scope / changed materials / out-of-sequence working]. 4. Price: [amount if known, ex GST / to be advised; a detailed price will follow within [X] business days]. 5. Program: [no effect anticipated / an extension of time will be claimed separately if the variation delays the works]. 6. [Company] reserves its rights under the subcontract and at law. Signed: [name, position] [company]
Using it well
Common questions
Do I really need to send a variation notice for small changes?
Yes. The habit matters more than the amount. Small undocumented changes accumulate into large unpaid scope, and the same short notice window applies to a $500 change as to a $50,000 one. The Part 1 email takes 90 seconds.
What if the builder says a direction is not a variation?
Then you have a documented disagreement instead of a silent one, which is exactly where you want to be. Keep performing under protest if the contract requires it, keep records of the cost, and the notice preserves your claim.
Is a verbal direction on site enforceable?
Many contracts require variations to be directed in writing, which is why verbal directions so often go unpaid. Your same-day confirmation email converts the verbal direction into a written record, and gives the builder the chance to withdraw it in writing if they disagree.
Keep reading
General information and a starting-point template, not legal advice. Contracts and state Acts differ and change. Verify clause numbers, statutory sections, notice periods and service requirements before use, and get advice on a live dispute. Nothing on this page is uploaded or stored. Built by Mat Kennedy at The Construction Contracts Co.
