Construction Law/Omission of Works


Dear Sir,

Hope you are doing fine.

It has been so long since my question last time.

My question today is:

Whether an amendment to a sub-contracting agreement would be required if the main Contractor omits by mutual agreement certain, considerable rather, works? In fact, the agreement took place orally.

Or that a variation Order shall be signed?

What is the difference? Which one should be done- Variation Order or Amendment and how?

Being deeply indebted in advance to hearing your expert advice, as usual of course,  I remain


Hi Alemu,

Thanks for your trust as always.

To answer your question, neither amendment nor variation order shall be made as there was no agreement executed between the Contractor and Subcontractor.

A new agreement based on reduced scope of work shall be executed by both parties.

Regarding Amendment versus Variation Order. My personal opinion are as follows:

Variation Order - as defined in the contract (review it), shall be made in case of changes in quantity, quality, etc. Example: A room was previously having a ceramic tiles but the Engineer instructed to change it to marble, the same procedure applied on Main Contract may be used in Subcontract. This will also protect the cash flow of the Contractor, as he can only issue variation order to Subcontractor once a similar Variation Order is received from the Client. Similarly, the payment for such variation shall be made on back to back basis as well once the corresponding payment from the Client is received.

Amendment - shall be made when a scope based on original contract will be added to the agreement. Example: You have an existing marble and granite agreement that covers floors and walls. A granite counter top was then added as part of the agreement in a form of amendment.

However, this will depend on the existing procedure by your company. In case the variation and amendment  procedure is existing, you have to follow the same. Otherwise, you may create your own, based on the above information I have provided and agree it with your management as a standard guidelines to be used by your company in the future.

I hope this will address your query

Kind regards,

Rofel Ningal  

Construction Law

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Rofel Ningal


Questions related to Construction Law, Conditions of Contract, Contract Terms & Conditions, Claims, Contract Administration, etc.


Having more than 10 years extensive experience in international companies, including working in the UAE, Qatar and Philippines, both for private and public sectors, such as, Government, Project Management, Consultancy and Construction provide a wider perspective in analyzing the issues related to Construction Law and the like to provide advice in a fair and reasonable manner, in accordance with the applicable Contract Terms and Conditions. The hands-on experience I had for preparing cost proposal for variations; daily correspondences protecting the rights of my organization under contract; preparation and finalization of contract/agreement; preparation, negotiation and finalization of claims for extension of time and associated cost, etc. will be useful to understand the details of every question asked. With experience working in a project administered by FIDIC Form of Contract (Red and Yellow), Public Works Authority (Qatar) Conditions of Contract, etc.

Philippine Institute of Certified Quantity Surveyors Philippine Institute of Civil Engineers

BSc in Civil Engineering - West Negros University MBA in Construction (Units only) - Manchester Business School Worldwide

Awards and Honors
Licensed Civil Engineer at the age of 20

Past/Present Clients
Public Works Authority (Qatar), Roads & Transport Authority (UAE), Qatar Foundation (Qatar), Qatar Real Estate Investment Co., ALDAR Properties (UAE)

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