As mentioned above, a single deviation from agreed formal requirements can lead to the contractor being able to receive payment for documented extra work. In the following, it will be reviewed what the contractor must otherwise prove in order to obtain payment for extra work.
The following must be met in order to be entitled to payment for alterations in the work, see case law and section 14 of ABT 93:
- The work has to be requested by the Employer.
- The Contractor must make it clear to the Employer that the requested work is not part of the SoW and will be claimed as a VO.
- The contractor must document that it is in fact a matter of a change in relation to the initial agreement.
- If the additional work/the changes are already completed by the contractor, the Contractor must document that the work meets all requirements in the contractual documents and in industry standards. If this is documented, the requested work is in fact additional and therefore a VO.
- The Contractor must give notice of the VO to the Employer and give notice that the additional work has started
- The Contractor must prove the costs. The Contractor must prove that the costs were not necessary to complete the contractual work, but spent to complete the requested additional work.