Guide · 8 min read · Updated 2026-07-25

How to Write a JCT Variation Notice That Gets Paid

On most jobs, the work changes. The drawings get revised, the site throws up a surprise, or the main contractor asks for something the subcontract never priced. Under a JCT contract that extra work is a variation, and you are entitled to be paid for it. But entitlement on paper is not money in the bank. The difference is almost always the notice.

This guide covers what counts as a variation under JCT terms, what a good variation notice contains, when to send it, and the habits that separate subcontractors who recover their variations from those who quietly fund them.

What counts as a variation under a JCT contract?

A variation is any change to the scope, quantity, quality, sequence or conditions of the work you priced. Under JCT sub-contracts the contractor instructs (or directs) the change, and the subcontract sets out how it gets valued.

In practice, variations rarely arrive labelled as variations. They arrive as a revised drawing issue, a site instruction, an email that says "while you are there, can you also...", or a programme change that forces you to work out of sequence. If it changes what you priced, it is a candidate for a variation.

Extra work: items that were not in your priced scope at all
Changed work: same item, different specification, quantity or location
Omissions: work taken out (these cut both ways, so record them too)
Changed conditions: access, sequence, working hours or restrictions that differ from what you tendered on

Why the notice matters more than the work

Many sub-contracts amend the standard JCT terms so that a written notice within a set period is a condition precedent to payment. In plain terms: no notice in time, no money, however real the work was. Even where the clause is softer, a late claim lands after the money has been certified elsewhere, and you are negotiating uphill.

The NEC form makes the principle brutally clear: under NEC4, a contractor who fails to notify a compensation event within eight weeks of becoming aware of it can lose the entitlement entirely. JCT amendments often import the same idea with shorter periods. Read your subcontract and find the notice clause before you start on site, not after the first change.

What a JCT variation notice should contain

The project and subcontract reference, so nobody can claim confusion about which order it sits under
The instruction you are relying on: the drawing revision, site instruction number, email or verbal direction (confirmed in writing) that triggered the change
A clear description of the changed or extra work, in enough detail that a stranger could understand it
Why it is a variation: what your priced scope said, and what has changed against it
The cost effect: a priced sum where you can, or a fair estimate marked as an estimate where you cannot yet price it
The time effect: whether the change delays your works and whether you will be asking for an extension of time
A request for the instruction to be confirmed and the variation valued under the subcontract terms

Example wording you can adapt

Keep the tone neutral and factual. You are not starting a fight, you are keeping a record. Something like this covers the essentials:

"We refer to sub-contract [ref] for [package] at [project]. On [date] we received [instruction / revised drawing ref / verbal direction from name, confirmed here in writing] requiring [describe the change]. This work is a variation to our sub-contract scope, which provided for [what you priced]. We estimate the cost effect at [£X, or "to be confirmed within N days"] and [no effect / an effect] on our programme. Please confirm the instruction and value this variation in accordance with the sub-contract. We reserve our position on time and cost pending that valuation."

Send it to the person named in the subcontract for notices, copy your usual contact, and keep proof of sending. If the subcontract requires a specific form or portal, use it: a perfect notice in the wrong channel can still fail a condition precedent.

The mistakes that cost subcontractors money

Doing the work first and papering it later. Notify when the instruction lands, even if you cannot price it yet.
Relying on a verbal instruction. Confirm it in writing the same day and say you will treat silence as acceptance of your record.
Burying the claim in an email thread about something else. A notice should be findable and say what it is.
Pricing vaguely. "Extra over for changes" invites a nil valuation. Tie the money to measured quantities, dayworks records or quoted rates.
Missing the omissions. If scope is taken out after you mobilised for it, your preliminaries and lost contribution can still be arguable.
Stopping at the notice. Carry every notified variation into each application for payment until it is either paid or formally rejected.

Frequently asked questions

Does an email count as a JCT variation notice?

Usually yes, if the subcontract does not prescribe a specific form or channel. Check the notices clause: some sub-contracts require notices to a named address or portal, and a condition precedent clause may only be satisfied by the prescribed route. When in doubt, send it both ways.

What if the instruction was only verbal?

Confirm it in writing immediately: who instructed what, where and when. JCT terms contemplate written confirmation of verbal directions, and a same-day confirmation email is strong evidence even where the subcontract is silent. Never rely on memory or goodwill at final account.

How long do I have to notify a variation?

Whatever your subcontract says, and the periods are often short. Amended sub-contracts commonly require notice within 7 to 14 days of the event, sometimes as a condition precedent. NEC4 uses eight weeks for contractor-notified compensation events. Treat the shortest arguable period as your deadline.

The contractor refuses to value my variation. What next?

Include it in your next application for payment with substantiation. If it is knocked out, the payment and pay-less notice regime under the Construction Act applies, and you have a statutory right to refer the dispute to adjudication, which typically produces a decision in 28 days.

This guide is general information for UK construction businesses, not legal advice. Contract terms differ, and for significant disputes or heavily amended contracts you should take professional advice.