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Variation Order (Construction) (UAE)

Variation Order (Construction) (UAE)

VARIATION ORDER

Reference: [Variation Ref]

Date: [Issue Date]

Project: [Project Name]

Main Contract: [Main Contract Ref]

Employer: [Employer Name]

Contractor: [Contractor Name]

Engineer: [Engineer Name]

1. ENGINEER'S INSTRUCTION AND GOVERNING LAW

1.1 Pursuant to the variation clause of the Main Contract and Article 887 of the UAE Civil Code (Federal Law No. 5 of 1985), the Engineer instructs the Contractor to carry out the following Variation to the Works. Article 887 confirms that changes to a lump-sum contract are enforceable when agreed in writing; this Variation Order constitutes the written agreement required by that article.

1.2 The Contractor is instructed to proceed with this Variation immediately unless otherwise stated.

1.3 VAT at 5% is applicable to the Variation value under Federal Decree-Law No. 8 of 2017. The Contractor shall issue a valid UAE tax invoice for the Variation amount, bearing its Tax Registration Number (TRN) issued by the Federal Tax Authority (FTA).

2. DESCRIPTION AND TYPE OF VARIATION

2.1 Variation type: [Variation Type].

2.2 Description of Variation: [Variation Description].

2.3 Supporting documents: [Drawings Reference].

2.4 No Variation shall invalidate the Contract or relieve the Contractor of its obligations for work already executed.

3. VALUATION

3.1 Valuation status: [Valuation Status].

3.2 Value of this Variation: [Variation Value] (excluding VAT).

3.3 Adjusted Contract Price after this Variation: [Adjusted Contract Price] (excluding VAT).

3.4 Cumulative Variations to date: [Cumulative Variations].

3.5 Where the Variation value is marked 'Provisional sum — TBD', the Contractor shall submit a detailed substantiation within 21 days, and the Engineer shall determine the final value within 14 days thereafter. Pending agreement, the Contractor shall proceed on the basis of the provisional sum.

4. TIME IMPACT AND EXTENSION OF TIME

4.1 Extension of Time granted by this Variation Order: [Time Extension].

4.2 Revised contractual completion date: [Revised Completion Date].

4.3 If the Contractor considers that a longer extension of time is warranted, it must submit a formal claim within 28 days of this instruction in accordance with the Main Contract's claims notification procedure. Failure to submit within the time bar may extinguish the Contractor's right to a further extension.

4.4 Delay liquidated damages under the Main Contract shall continue to apply at the rate stated in the Main Contract for any delay beyond the revised contractual completion date set out above.

5. ACCEPTANCE AND SIGNATURES

5.1 This Variation Order is issued by the Engineer under authority granted by the Main Contract. The Contractor shall sign and return one copy to the Engineer within 7 days of receipt, confirming acceptance of the instruction and the agreed valuation and time impact.

5.2 Proceeding with the Variation works without signing this order constitutes deemed acceptance of the Variation instruction but not of the valuation or time extension, which remain subject to the Main Contract's determination process.

ISSUED by the ENGINEER: [Engineer Name]

ACCEPTED by the CONTRACTOR: [Contractor Name]

ACKNOWLEDGED by the EMPLOYER: [Employer Name]

Engineer (issuing)

________________

Signature

Contractor (accepting)

________________

Signature

Employer (acknowledging)

________________

Signature

Maintained by Vladislav Sergienko, Founder·Template last modified: ·Report an error

What Is a Variation Order (Construction) (UAE)?

A Variation Order (Construction) in the United Arab Emirates is a formal written instruction issued by the Engineer (Contract Administrator) under a construction contract, directing the Contractor to carry out a change to the scope, design, quality, quantity, or sequence of the Works. Variation Orders — also called Variation Instructions (VIs) or Engineer's Instructions (EIs) in different contract forms — are the standard mechanism in UAE FIDIC-style and bespoke construction contracts for managing scope changes while preserving the integrity of the main contract. Article 887 of the UAE Civil Code (Federal Law No. 5 of 1985) confirms that changes to a lump-sum construction contract are only enforceable as payment obligations against the Employer where they have been agreed by the owner, and UAE courts, including the Dubai Courts and the Abu Dhabi Judicial Department, consistently require written Variation Orders as the vehicle for that agreement.

The Variation Order records: the type of change (addition, omission, substitution, specification change, or sequence change); a precise description of the varied scope with reference to drawings and specification sections; the agreed or Engineer-determined value of the change in AED (exclusive of VAT); the Extension of Time granted for programme impact; the revised Contract Price after the variation; and the cumulative total of all variations to date. VAT at 5% under Federal Decree-Law No. 8 of 2017 applies to the variation value, and the Federal Tax Authority (FTA) requires the Contractor to issue a compliant tax invoice for each Variation payment.

The Commercial Transactions Law (Federal Decree-Law No. 50 of 2022) governs the commercial obligations flowing from a Variation Order, including the Employer's obligation to pay the agreed variation sum within the contractual payment period and the right to interest on overdue amounts under Art. 76 at the Central Bank of the UAE rate. The Federal Arbitration Law (Federal Law No. 6 of 2018) governs disputes about Variation Order valuations that are referred to DIAC arbitration — the Dubai International Arbitration Centre — which is the leading institution for UAE construction disputes and has a specialist construction panel of arbitrators experienced in FIDIC conditions under UAE law.

Variation Order management is a critical discipline on UAE construction projects. The Abu Dhabi Judicial Department and DIAC arbitration panels hear hundreds of construction disputes annually in which the central issue is whether additional works were properly instructed as a Variation or fell within the original scope of the Contract. The forms-legal.com UAE Variation Order (Construction) template provides a legally sound, commercially complete, and administratively rigorous framework for recording each change in a form that is enforceable before UAE courts and arbitral tribunals.

When Do You Need a Variation Order (Construction) (UAE)?

A Variation Order (Construction) in the United Arab Emirates is needed whenever the Engineer instructs a change to the scope, design, specification, or sequence of the Works during the construction programme, and the parties require a written, enforceable record of that change that will support payment and time claims and be accepted as evidence in UAE court or DIAC arbitration proceedings.

Architectural and structural design changes are the most common trigger for Variation Orders on UAE commercial and residential projects. Employer-initiated changes — upgrading specifications, adding amenity spaces, reconfiguring layouts after planning permit amendments from Dubai Municipality or the Abu Dhabi Department of Municipalities and Transport — must be instructed as formal Variation Orders so that the Contractor can price and programme the additional work.

Authority-required changes generate Variation Orders when the UAE Civil Defence Authority, DEWA, ADDC, Dubai Municipality, or Abu Dhabi DMT requires design changes during construction — for example, requiring upgraded fire protection in response to a changed building use, or requiring additional drainage capacity after a utility survey reveals different site conditions. These changes are typically not the Contractor's responsibility and generate both a Variation Order for payment and an Extension of Time claim.

Value engineering changes — where the Employer or Engineer proposes substituting specified materials or systems for technically equivalent alternatives at lower cost — require Variation Orders to record the omission of the original specification and the addition of the substitute. The savings from value engineering are typically shared between the Employer and the Contractor under a mechanism specified in the main contract.

Omissions of scope — where the Employer decides not to proceed with part of the original scope, perhaps deleting an ancillary building or reducing the landscaping package — must be processed as Variation Orders to formally remove the omitted items from the Contractor's obligations and adjust the Contract Price downward. Without a formal omission Variation Order, the Contractor may claim it is still obliged (and entitled to be paid for) the original scope, creating a dispute at the final account stage before DIAC or the Dubai Courts.

What to Include in Your Variation Order (Construction) (UAE)

A UAE Construction Variation Order that is legally enforceable under Art. 887 of the UAE Civil Code (Federal Law No. 5 of 1985), accepted by DIAC arbitration panels, and recognised by the Dubai Courts and the Abu Dhabi Judicial Department as a valid written agreement on the varied scope must contain the following key elements. The forms-legal.com UAE Variation Order template addresses each component in a structured, authoritative format.

Variation reference and date must assign a unique sequential reference number to the Variation Order (e.g., VO-2026-007) and state the issue date in DD/MM/YYYY format. The reference number creates a coherent register of all variations on the project and enables cross-referencing in the final account.

Project and contract identification must record the project name and address, the main contract reference, and the full legal names of the Employer, Contractor, and Engineer. These details contextualise the Variation Order within the main contract and confirm that the Engineer is acting under the authority granted by that contract.

Variation description must identify the type of Variation (addition, omission, substitution, specification change, or sequence change) and describe the varied works with precision, referencing the specific drawings, specification sections, and engineer's instructions that define the scope. Imprecise descriptions create disputes about what is included in the VO value.

Valuation status must record whether the value is an agreed lump sum, a Bill of Quantities rates calculation, an Engineer's determination, or a provisional sum. The value must be stated in AED excluding VAT, with the calculation basis attached. The adjusted Contract Price after all variations to date must be recorded.

Extension of Time must state the number of calendar days granted for this Variation and the revised contractual completion date. If no extension is granted, that should be stated explicitly so there is no ambiguity.

Time bar notice must warn the Contractor that any further claim for time or money beyond what is stated in this VO must be notified within 28 days, and that failure to notify may bar the claim.

Signatures of the Engineer (issuing), the Contractor (accepting), and ideally the Employer (acknowledging) confirm the written agreement required by Art. 887 of the UAE Civil Code.

How to Fill Out Your Variation Order (Construction) (UAE)

Completing a UAE Construction Variation Order requires the Engineer to assemble the technical and commercial information needed to define the varied scope, value the change, and assess the time impact before issuing the instruction.

Start with the project and contract details. Enter the project name and site address, the main contract reference, and the full legal names of the Employer, Contractor, and Engineer. Assign the next sequential Variation Order reference number in the project's VO register. Enter the issue date in DD/MM/YYYY format.

In the variation description section, select the variation type — addition, omission, substitution, specification change, or sequence change. Write a precise description of the varied works, referencing drawings and specification sections by revision and document number. If multiple drawings are referenced, list all of them. The description must be specific enough that both the Employer and the Contractor know exactly what work is included in the VO scope and what is excluded.

In the valuation section, select the status — agreed lump sum, BoQ rates, Engineer's determination, or provisional sum. Enter the value in AED excluding VAT. Calculate the adjusted Contract Price by adding the variation value to the previous Contract Price (or deducting for omissions). Record the cumulative total of all variations to date as a running total.

In the time impact section, enter the Extension of Time granted in calendar days. Calculate and enter the revised contractual completion date in DD/MM/YYYY format. If no extension is granted, enter 'Nil — no extension of time awarded for this Variation' to eliminate ambiguity.

Issue the Variation Order to the Contractor with the supporting drawings and documents. The Contractor should sign and return one copy within 7 days, confirming acceptance of the instruction and the valuation. If the Contractor accepts the instruction but disputes the valuation or extension, it must serve written notice within 28 days setting out the basis for its additional claim.

File the signed Variation Order in the project document control system as the primary record of this change for the final account and for any DIAC arbitration or UAE court proceedings.

Common Mistakes to Avoid in Your Variation Order (Construction) (UAE)

Variation Order management on UAE construction projects is the most common source of construction disputes, and the following mistakes consistently generate cases before the Dubai Courts and DIAC arbitration panels.

1. Carrying out extra work without a written instruction. The most expensive mistake in UAE construction is performing additional work in response to an oral instruction without a written Variation Order. Article 887 of the UAE Civil Code (Federal Law No. 5 of 1985) requires written agreement for variations to lump-sum contracts. DIAC panels have consistently denied additional payment to contractors who could not produce a written instruction for the extra work.

2. Missing the 28-day time bar. Failure to serve written notice of a claim for additional time or money within 28 days of a Variation Order is a bar to the claim in most UAE construction contracts. Contractors must maintain a formal change management register tracking every instruction date and the corresponding notice deadline.

3. Vague scope description in the VO. A Variation Order that describes the scope as 'additional works as discussed' without specifying drawings and specification sections creates disputes about what is included in the VO value. Every VO must reference specific documents with revision dates.

4. No time impact assessment. Issuing a Variation Order with a stated value but stating 'nil extension of time' without conducting a critical path analysis can prejudice the Contractor's ability to claim a realistic EOT if the Variation is on the critical path. Programme analysis should accompany complex Variations.

5. Not recording the adjusted Contract Price. Failing to update the running Contract Price in each Variation Order makes the final account process much harder and can lead to disputes about cumulative scope changes, particularly where the total variation exceeds the threshold requiring the Employer's separate approval.

6. Failure to obtain Employer's approval for large Variations. Most UAE main contracts require the Employer's prior written approval for variations above a defined threshold (e.g., 10% or 25% of the Contract Price). Engineering issuing large Variation Orders without Employer approval may exceed the Engineer's authority, exposing the Employer to unforeseen cost without its consent and creating a liability dispute between the Employer and the Engineer.

Cite this page

Reference this free template in an article, syllabus, or research note:

APA

Forms Legal. (2026). Variation Order (Construction) (UAE) (United Arab Emirates) [Legal document template]. Forms Legal. https://forms-legal.com/uae/business/contracts/variation-order-construction-uae

MLA

"Variation Order (Construction) (UAE) (United Arab Emirates)." Forms Legal, 2026, https://forms-legal.com/uae/business/contracts/variation-order-construction-uae.

BibTeX
@misc{formslegal-variation-order-construction-uae,
  author       = {{Forms Legal}},
  title        = {Variation Order (Construction) (UAE) (United Arab Emirates)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/uae/business/contracts/variation-order-construction-uae}},
  note         = {Free legal document template. Based on UAE Civil Code (Federal Law No. 5 of 1985), Art. 887 (lump-sum contract variations)}
}

Frequently Asked Questions

Based on UAE Civil Code (Federal Law No. 5 of 1985), Art. 887 (lump-sum contract variations) — Template last modified June 2026

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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