Purpose
Note on JCT editions: JCT has published the 2024 Edition. This guidance cites JCT SBC/Q 2016 clause references; the commercial and payment mechanisms are substantively unchanged in the 2024 edition, but specific clause references should be verified against the contract edition in use on any given project.
Change control is the formal process of identifying, evaluating, instructing, valuing, and documenting every change to the contracted scope of works during the construction phase. Variations are almost inevitable on all but the simplest projects; the QS's responsibility is to ensure that every change is properly instructed before work commences, valued using the correct contractual methodology, and recorded immediately in the variation register and the Forecast Final Cost. Uncontrolled variations — changes to scope instructed informally or without the QS's involvement — are the single most common cause of cost overruns and disputed final accounts.
RICS Change Control and Management (1st edition, effective 1 April 2021) distinguishes between a 'change' (any event that may affect cost, programme, or quality) and a 'variation' (a formally instructed change to the contracted works). Not every change event requires a formal instruction; not every instruction constitutes a variation entitling the contractor to additional payment. The QS must advise the client and CA/PM on which events give contractual entitlement before any work is instructed, and must ensure that the client has approved the cost implication before the instruction is issued.
The valuation methodology for changes depends on the contract form: under JCT SBC/Q 2016, variations are valued using contract BQ rates first, then analogy rates, then star rates agreed between the parties, and daywork only as a last resort. Under NEC4, compensation events are assessed at defined cost (actual or forecast) plus the fee. Under FIDIC, clause 12 remeasurement and clause 13 variation rates apply. Irrespective of contract form, all valuations must be agreed progressively throughout the construction phase — leaving the bulk of variation agreement to the final account stage significantly increases the risk of disputes.
Key Principles
- RICS Change Control and Management (1st edition, effective 1 April 2021): seven-step change control process; change vs variation distinction; risk allocation under JCT, NEC4, and FIDIC; variation register and change board requirements; BIM and change management.
- RICS Valuing Change (current edition): variation valuation hierarchy — contract rates, analogy rates (fair rates for analogous work), star rates (new rates agreed for novel work), daywork (last resort only); assessment of omissions; loss and expense as a separate element.
- JCT SBC/Q 2016, Clauses 5.1–5.9: definition of variation (alteration or modification of design, quality, or quantity; addition or omission of obligations); valuation rules; Schedule 2 quotation procedure (contractor quotation within 21 days; QS assessment within 7 days; client acceptance within 7 days).
- NEC4 Engineering and Construction Contract, Clause 60.1: 21 defined compensation events; Clause 61.3: eight-week notification time bar — failure by the contractor to notify within 8 weeks of awareness of a compensation event forfeits entitlement; PM must assess within 2 weeks of contractor's quotation.
- JCT SBC/Q 2016, Clause 5.6 — Daywork: daywork is applicable only where a variation cannot be properly valued by measurement; daywork rates are the contractor's tendered percentages on top of prime cost; the daywork percentage for labour, materials, and plant must be separately confirmed from the pricing schedule.
- HGCRA 1996 and common law: verbal instructions are technically capable of forming valid contracts; in practice, verbal variation instructions create evidential problems; all instructions must be confirmed in writing before work proceeds to protect the employer's ability to challenge the scope and value of any variation.
Practical Application
Common Mistakes to Avoid
- Allowing verbal instructions — verbal instructions are the single most common cause of scope disputes in final account negotiations; all instructions must be in writing before work proceeds.
- Instructing changes without client authority for the additional cost — the QS must confirm the client has approved any cost implication before the instruction is issued; retrospective approval often does not come, leaving the QS with a professional liability.
- Missing the NEC4 eight-week compensation event notification time bar — once the time bar expires, the contractor loses all entitlement to time and money for that event; the PM must actively remind the contractor of approaching time bars.
- Defaulting to daywork for variations that could properly be valued by measurement — daywork is the most expensive valuation method; contract rates must be applied first; daywork should only be used where measurement is genuinely impossible.
- Leaving the bulk of variation agreement to the final account stage — unagreed variations at project end are the primary cause of protracted final account negotiations; progressive agreement throughout construction is mandatory.
APC Competency & Quick Reference
APC Competencies: Contract Administration (L3) | Commercial Management (L2) | Legal & Regulatory Compliance (L2) | Procurement & Tendering (L1)
Change Control Checklist
CPD Learning Outcomes
- Apply the RICS Change Control and Management seven-step process to capture, instruct, value, and record variations under JCT SBC/Q 2016, correctly applying the variation valuation hierarchy and the Schedule 2 quotation procedure.
- Identify NEC4 compensation events from the Clause 60.1 list, apply the eight-week notification time bar, and advise the PM on the assessment obligations and consequences of missing contractual deadlines.
- Maintain a variation register and update the Forecast Final Cost in real time, ensuring the client's cost position accurately reflects all instructed and anticipated changes throughout the construction phase.
Further Reading
- RICS Change Control and Management (1st edition, effective 1 April 2021, RICS)
- RICS Valuing Change (current edition, RICS Books)
- JCT Standard Building Contract with Quantities (SBC/Q, 2016 edition) — Clauses 5.1–5.9, Schedule 2
- NEC4 Engineering and Construction Contract (2017, Thomas Telford) — Clauses 60.1, 61.3, 63
- RICS NRM 2: Detailed Measurement for Building Works (2nd edition, 2021) — daywork provisions
- Blue Circle Industries Plc v Holland Dredging Co Ltd (1987) 37 BLR 40 — scope of change clause; obligation to carry out changed work
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