{"id":4362,"date":"2021-12-01T12:51:39","date_gmt":"2021-12-01T07:21:39","guid":{"rendered":"https:\/\/ijpiel.com\/?p=4362"},"modified":"2021-12-01T12:56:08","modified_gmt":"2021-12-01T07:26:08","slug":"variation-in-the-realm-of-construction-disputes","status":"publish","type":"post","link":"https:\/\/ijpiel.com\/index.php\/2021\/12\/01\/variation-in-the-realm-of-construction-disputes\/","title":{"rendered":"Variation: In the Realm of Construction Disputes"},"content":{"rendered":"

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Abstract<\/strong><\/span><\/p>\n

The construction sector has a huge impact on the economy of a developing nation like India. But it is disrupted by construction disputes, a majority of which stem from \u201cchanges\u201d in construction contracts relating to the scope, quantity, quality of work, timeline of project, etc. Variation is one relief that can be sought by the parties to contract. Without a variation clause in a construction contract, any changes implemented in the contract will attract huge financial burden and breach of contract. In this article, the authors talk about the need and importance of variation in construction contracts, their implications and the Indian jurisprudence on it. It is pertinent to note that contractors are dependent on the existence of variation to make a reasonable return for their contracts.<\/span><\/p>\n

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Introduction<\/strong><\/p>\n

The construction industry undoubtedly has and still is contributing significantly to the Indian GDP. A dynamic economy can be witnessed being built around the basis of this industry if the momentum of the development continues steadily. Construction industry being one of those industry which involves huge manpower, resources and time due to which the chances of disputes between the parties increased manifold. Resultantly, construction disputes in India have been one of the major hurdles in the timely completion of the projects. The said construction disputes arise due to various circumstances, but the majority of the disputes revolve around the issues of delays, an extension of time, change in quantity and\/or quality of construction constituting variations.\u00a0<\/span><\/p>\n

When a dispute arises on a particular issue, the parties to the contract while complying with their obligation<\/span>under the contract identify the issue in dispute, allocates the risk and thereafter, determine the remedy\/reliefs that the parties can pursue as per the contractual provisions and under the concerned law<\/a>.\u00a0<\/span><\/span><\/p>\n

One of the reliefs that can be claimed by the parties in the limited circumstances is \u2018Variation\u2019. All the contracts are privy to changes by the parties, however, any change in construction contracts puts up a huge financial burden on the contractor. Therefore, in most construction contracts there is a provision<\/span>for change to be instituted in a stipulated manner through variation<\/a>. Variation in a contract is birthed by the existence of change or any alteration in the original scope of work of the contractor in the contract.<\/span>The term \u2018change\u2019 usually covers the following:<\/span><\/a><\/span><\/p>\n