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02, Advisory, Rev A, Delivery

Claims and variations

Variation and extension of time claims, and the time-related costs that follow: entitlement, notices, quantum and narrative, whether you are making the claim or answering it.

When to call
As soon as an instruction is given, a delay starts or a claim arrives, while the notice period is still open, whichever side you are on.
What you receive
Notices drafted to the contract's notice and time-bar requirements, entitlement set out against the contract, and the quantum and narrative for each claim or response.

Where this service sits in a project

  1. Tender
  2. Award
  3. Delivery
  4. Completion
  5. Final account
  6. Dispute

Fig. 1Claims and variations against the life of a project, with the other services behind it.

Source: SUMIT services, as at October 2026. Indicative: every project differs.

What the work covers

  1. 01variation entitlement and valuation
  2. 02notices and time bars
  3. 03extension of time
  4. 04time-related costs
  5. 05acceleration and liquidated damages

How it runs

Works the same way whether you are making the claim or answering it.

  1. Step 01

    First call

    The event, the contract, and the next notice or response deadline.

    • Superintendent SI 041 · site instruction · cl 36.1

  2. Step 02

    Entitlement and notices

    Read the contract and the record, confirm entitlement, and draft any notice needed to protect a time bar.

    • Contractor NTC 018 · notice of delay · cl 34.2

  3. Step 03

    Quantum and evidence

    Value the variation or the time-related costs, and assemble the records and programme evidence behind each item.

    • Contractor VAL 014 · valuation · cl 36.4

  4. Step 04

    Claim or response

    A claim or response that states the entitlement, the quantum and its basis, issued in the form the contract requires.

    • Contractor VAR 014 · variation claim · cl 36.4
    • Superintendent RSP 014 · response · cl 36.4

  5. Step 05

    Negotiation

    Answer the other party's assessment and negotiate the valuation and calculation positions.

    • Contractor RPL 014 · reply
    • Both parties If agreed: VAR 014 · agreed variation · cl 36.4

Fig. 2One variation, VAR 014, from site instruction to negotiation, whichever side you are on.

Source: Illustrative. Clause references are to AS 4000-1997, under which the Superintendent directs a variation (cl 36.1) and prices it (cl 36.4).

Timing depends on the matter. Contact SUMIT to discuss yours.

Selected work

  1. 01

    Developed the strategy, evidence and basis of claim for more than $100m of COVID-19 extension of time, prolongation and acceleration claims for John Holland on Waterloo Station.

    Waterloo Station, Sydney Metro City and Southwest

  2. 02

    Identified and quantified unclaimed variations and delay costs on two TfNSW road upgrades worth $110m and $85m.

    Cox's River Road Upgrade and Heathcote Road Upgrade

Where a value is given, it is the contract value of the project or package worked on, as published or contracted, not SUMIT's fees. A claim value is the amount claimed.

Related case notes and guidance

Fees and engagement

Table 1How this work is usually charged.
BasisUsed for
By the hourAd hoc advice, contract questions and reviews, billed by the hour
Fixed feeA defined scope: a claim, a payment schedule, a contract review or a contract administration pack

Other engagement models are on the Advisory page.

Speak to a director

Facing a notice, a claim or a payment deadline? Call Malachy on 0452 549 257.

Discuss your project

Written by Malachy Mullin, Director. Last reviewed 13 October 2026.