This topic of claiming for extra work without a formal instruction is very topical. Strictly, where there is a change or deviation to the Works, be it design, material or workmanship from the original contracted documents, such a change shall constitute a variation to the Works. However, in the construction industry, there are bound to be instances where the Contractor encounters difficulty to complete the Works due to the original design being imperfect; resulting in the need to carry out extra work in order to resolve the imperfect design to complete the Works entirely even though there is no formal instruction from S.O. (or Architect/Engineer/Project Director). In all construction contract forms used in Malaysia, for a Contractor to claim for extra work, there must be an official Variation Order issued under the specific contract. So under such a case where there is no formal instruction to execute such extra work, can the Contractor be entitled for the ‘extra work’ as a variation order?
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