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Construction contracts: extensions, variations and acceptance

Construction disputes often arise from poorly recorded variations and acceptance procedures rather than a single defect.

In brief

Keep the original scope, change instructions, completion time and acceptance procedures separate. A variation should be documented with quantities, unit prices, VAT treatment, effect on critical-path work and a clear method of acceptance. General Civil Code contract principles do not displace construction-specific regulatory requirements.

Applicable legislation: Civil Code of Georgia, Civil Procedure Code

Applying the rule in practice

If 120 square metres of facade work are added, an instruction to “proceed” does not settle valuation. The change order should state 120 m², unit valuation, measurement rules, revised milestones and any required guarantee extension.

Scope and variations

Define scope, pre-approval of variations and how additional work affects price and time.

Programme and delay

Time extensions should be supported by notices, contemporaneous records and demonstrable causal impact.

Acceptance and defects

An interim certificate is not necessarily final project acceptance. Track snagging lists, retention and commencement of defect periods.

Programme, access and causation

Assess whether access to the relevant workfront existed, which activities were scheduled and what event affected them. A contractor's general complaint about site readiness does not excuse unrelated delay. Conversely, late employer access may require an extension analysis. Photos, correspondence, minutes and programme revisions provide the evidential record.

Variations and additional works

Before variations, identify the written instruction, scope, pricing mechanism and potential programme effect. On multi-contractor sites, an informal instruction from someone on site may not equal authorised approval. Preserve change authorisations and proof of performance for both parties.

Interim and final acceptance

An interim payment certificate often confirms only certified quantities for a defined period. It does not automatically establish full project completion or waive all defect claims. Review the certificate, punch list, retention and guarantees. A stated '100%' must be linked to a precise scope, not assumed to mean the entire project.

Documenting delays before they become disputes

Construction timing depends on access, scope changes, design instructions and acceptance, not just the final date. Keep a contemporaneous delay log, access records, site meeting minutes, photographic evidence and certified interim progress. Check the contract notice mechanism and variation approval requirements before extra work begins. Quantify delay exposure separately from defects and avoid relying on oral variations.

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