A few decades ago, we were ‘played’ as tourists at an Edinburgh restaurant during the Festival.

Steve, our knowledgeable host, ordered a specific bottle of wine. When the waiter returned, he said that wine was not available but suggested a ‘similar’ one. As a canny diner, Steve asked the price, which was triple the cost of the original! By daring to ask questions, we avoided a nasty shock when the bill came and an inevitable argument.

Once you’ve got a right to agree changes to the contract, you need two further items.

First, you need to record that change to solve the problem of inaccurate memories. For example, the Federation of Master Builders have a change of work form to ensure that any changes, and their impact on cost (and the completion date for the project) are noted and agreed.  It helps to reinforce instructions given verbally, by text or email to confirm who said what.

Second, you need to ensure you tackle the linked consequences i.e. changes to other aspects of the contract. It is vanishingly unlikely that if you change the scope of the goods, works or services to be provided, there will not be some knock-on effects on: time, cost, quality, and other aims or objectives of the project.

The benefits of agreeing these details, apart from keeping trust and managing expectations, before you do the work include:

  • Single agreed record of change and its consequences to help avoid disputes
  • The programme, works/quality documents, budget and other KPIs can immediately be revised so the client and its provider know what they are now aiming for
  • The provider can invoice against any changes to the price without the client getting an unwelcome surprise
  • It allows you both to focus on getting the job done and not the paperwork you have left undone.

What should you do?

History is littered with projects which went over budget, over time or failed to meet client performance requirements. Although some of the more famous were due to unrealistic expectations or poor decision-making in government, many of the remaining legal disputes could have been avoided with an effective change process backed up by clear contemporaneous joint records.

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