What does the construction law say? Additional and or extra work done in the course of construction.

constructionIn the South African construction industry the commonly known Joint Buildings Contract Committee (JBCC) agreements have become the standard form for agreements used in the construction industry in South Africa. The agreements are written in plain language and therefore can be understood by laymen in the construction industry. This is a great advantage. These agreements have also aided the development in construction law in South Africa. However, in practice we often still encounter practical problems particularly when some or all of the terms of these agreements are not always followed by the contractor and the employer (eg the home owner).

One such instance is when the contractor is requested to do additional work and when variation orders are issued.

Additional vs extra work

According to CJ Claassen one should distinguish between “additional” work and “extra” work. “Additional” work is a descriptive of all work not specified in the agreement and “extra” work has a narrower meaning. Work not included in the initial agreement, but added later in terms of the agreement can be termed “extra” work. Claasen furthermore distinguishes between different situations:

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