What To Do When A Client Keeps Changing The Scope

A client asking for "just one more thing" can feel harmless at first. Then the extra calls, revisions, features or reports start stacking up, and suddenly you're doing a very different job to the one you priced.

If you're a consultant, agency, designer, developer or other service provider in New Zealand, scope changes don't have to turn into awkward money conversations. The key is to pause early, check what your contract says, and reset expectations in writing before the project drifts further.

Here's how to deal with scope creep in a practical way, protect your relationship, and make sure you're paid fairly for the work you're actually doing.

What Should You Do First When A Client Keeps Changing The Scope?

You should stop, record the change, and check your contract before doing more extra work. If you keep saying yes without confirming the effect on price or timing, you may make it harder to recover payment later.

Start by separating the original scope from the new request. This isn't about being difficult. It's about making sure both sides are talking about the same project.

A Simple First Response

When a client asks for extra work, you could say something like:

"Happy to look at that. It looks like this is outside the original scope, so I'll confirm the extra work, cost and timing before we start."

That one sentence keeps the relationship friendly while making it clear the extra work isn't automatically included.

Keep A Clear Record

Save anything that shows what was agreed and what changed, including:

• the signed proposal, quote, statement of work, statement of work review notes or services agreement
• emails, messages or meeting notes where the client asked for changes
• versions of designs, documents, code, reports or deliverables
• time records showing the extra work
• invoices and payment history

If things become tense, good records give you options. Without a written trail, you may struggle to show that the work was outside scope or that the client agreed to pay more.

Can You Charge Extra If The Client Asks For Extra Work?

Yes, you can usually charge extra if the client asks for work that falls outside the agreed scope. The practical question is whether your contract makes that clear, and whether the client agreed to the extra fees.

Under New Zealand contract law, your rights will mostly come from the agreement between you and the client. That agreement might be a signed services agreement, a proposal accepted by email, a quote, terms and conditions, or a mix of documents.

Look for clauses dealing with:

• scope of services - what you agreed to do
• deliverables - what the client actually receives
• fees - fixed fee, hourly rate, retainer or milestone pricing
• out of scope work - what happens if extra work is requested
• variations - how changes must be approved
• timelines - whether deadlines move if the scope changes

If your contract says extra work is charged at your hourly rate once approved in writing, you're in a much stronger position. If your contract is vague, you may still have a commercial argument, but the conversation is harder.

You should also be careful with how you describe pricing. The Fair Trading Act 1986 prohibits misleading or deceptive conduct in trade. So if you promote a project as a fixed fee, make sure your proposal explains what is and isn't included, and when extra charges apply.

What Is A Change Request Clause?

A change request clause is a contract clause that sets out how the client can request changes, and what happens to fees, timelines and deliverables if you agree. It's one of the best tools for controlling scope creep.

A good change request clause doesn't stop the client from changing their mind. It gives you a process for dealing with changes without confusion.

For example, your clause might say that any request outside the agreed scope must be confirmed in writing, and that you don't have to start the extra work until both sides approve the extra fees and timing.

What Should A Change Request Clause Cover?

Your clause should usually cover:

• how changes are requested - for example, by email or written change request
• who can approve changes - especially useful when several people at the client's business give feedback
• how extra fees are calculated - hourly rate, day rate, fixed quote or revised milestone
• what happens to deadlines - for example, deadlines extend where extra work is approved
• when work starts - usually after written approval and any deposit is paid
• what happens if you don't agree - the original scope continues unless both sides agree otherwise

This is one area where templates often miss the detail that matters. A clause that works for a social media retainer may not work for a software build, a consulting project or a design package.

How Do You Vary A Services Agreement In New Zealand?

You can usually vary a services agreement in New Zealand by getting both sides to agree to the change, preferably in writing. A contract variation can be short, but it needs to be clear.

Some contracts say variations must be signed by both parties. Others allow email approval. If your contract has a specific variation process, follow it. If you don't, the client may later argue the change wasn't valid.

In many business contracts, electronic signatures and email approvals can be valid, depending on the circumstances and the contract wording. New Zealand's Contract and Commercial Law Act 2017 includes rules that can support electronic transactions, but it's still better to make your signing and approval process clear in the agreement itself.

A Practical Variation Outline

Here's a simple outline you can use to think through a variation.

1. Parties - name your business and the client's business, including NZBN or company number if useful.
2. Original agreement - identify the proposal, services agreement or statement of work being changed.
3. Reason for the change - briefly describe the client's new request or project change.
4. New or changed services - list exactly what extra work you'll do.
5. Excluded work - say what is still not included, so the scope doesn't keep expanding.
6. Fees and payment - set out the extra fee, rates, deposit and invoice timing.
7. Timeline changes - confirm any new milestones, delivery dates or dependencies.
8. Client responsibilities - list what the client must provide, such as access, approvals or content.
9. Other terms - confirm the original agreement still applies except as changed.
10. Approval - include space for signatures, email approval wording or another agreed approval method.

Keep the variation focused. You don't need to rewrite the whole contract every time the client asks for something new.

How Can You Reset Project Terms Without Damaging The Relationship?

You can reset the project terms by being calm, specific and forward-looking. Most clients respond better when you frame the conversation around project control, not blame.

The aim is to move from an informal pattern of "yes, we'll do that too" to a clear process for the rest of the engagement.

A Worked Example

Say Hana runs a Wellington web development studio. She agrees to build a marketing website for $8,000 plus GST, with 5 pages, 2 rounds of design revisions and a 6 week timeline.

By week 3, the client has asked for:

• 3 extra landing pages
• a booking form that connects with another platform
• an extra design concept
• weekly strategy calls that weren't included

Hana has already spent 14 extra hours on the project. Her agreement says extra work is charged at $140 plus GST per hour if approved in writing. Instead of finishing the extras and hoping the client pays, she sends a change request.

The change request says the extra pages, integration work and additional design concept will cost $2,450 plus GST, including the 14 hours already approved by email and 3.5 estimated hours to finish the integration. It also moves the launch date from 15 April to 24 April because the client still needs to provide booking platform access.

The client approves by email. Hana has now turned a drifting project into a clearer commercial arrangement, without making it personal.

How To Phrase The Conversation

Try language like:

• "To keep the project on track, I've summarised the new requests and what they'll add to the timeline and fee."
• "We can absolutely help with this. It sits outside the original scope, so I'll send through a short change request for approval."
• "Rather than keep adding items informally, let's reset the scope so you have a clear budget and delivery date."

That kind of wording helps the client feel looked after, while protecting your business.

What If The Client Refuses To Pay For Extra Work?

If the client refuses to pay, your next step is to check what was agreed, pause any further out of scope work, and try to resolve the issue commercially in writing. Don't keep adding unpaid work while the fee issue is unresolved.

First, compare the disputed work against the original scope. If the work was clearly included, you may need to complete it under the existing fee. If it wasn't included, gather the records showing the client requested or approved the extra work.

Then send a calm written summary. You might include:

• the original scope and agreed fee
• the extra work requested
• when the request was made
• what approval you received
• the amount now payable and how it was calculated
• what you'll do next once payment or approval is confirmed

Avoid turning the message into a threat. In many cases, the client simply hasn't connected the extra requests with extra cost.

If the contract gives you a right to suspend work for unpaid invoices, follow that clause carefully. If it doesn't, get tailored advice before stopping work, because walking away from a project too quickly can create its own problems.

Where the issue is becoming a dispute, you may need help from an adviser who handles disputes or debt recovery. Getting your contract documents reviewed early can still help you understand your commercial position before things escalate.

What Should Your Contract Say To Prevent Scope Creep?

Your contract should make the scope, deliverables, assumptions, client responsibilities and variation process very clear. The more specific you are at the start, the easier it is to have a fair conversation later.

A strong service agreement, goods and services agreement or statement of work will usually cover:

• Services - describe the work in plain language, with enough detail to avoid guesswork.
• Deliverables - list what the client will receive, such as reports, files, campaigns, pages or modules.
• Exclusions - say what isn't included, such as copywriting, ad spend, extra revisions or third party fees.
• Rounds of revisions - state how many are included and what counts as a revision.
• Client inputs - set deadlines for feedback, approvals, information, content or system access.
• Fees - explain fixed fees, hourly rates, retainers, deposits, milestone payments and late payment consequences.
• Change requests - set out the written approval process for changes.
• Timeline movement - explain that delays or extra requests can move delivery dates.
• Intellectual property - clarify when ownership transfers, especially if invoices are unpaid.
• Confidentiality and privacy - cover business information and any personal information handled under the Privacy Act 2020.
• Termination - set out when either side can end the engagement and what fees remain payable.

If you engage subcontractors or bring in specialist IT services to deliver extra work, make sure your subcontractor agreements line up with your client contract. That includes checking scope, payment timing, confidentiality, intellectual property and who is responsible if the client asks for further changes.

Key Takeaways

• Scope creep usually becomes a payment problem when extra work is done before the cost and timing are confirmed.
• A change request clause helps you manage new requests without damaging the client relationship.
• Contract variations can be short, but they should clearly cover the extra work, fee, timeline and approval.
• If a client asks for extra work, pause and confirm the change in writing before you start.
• Your services agreement should define inclusions, exclusions, revisions, client responsibilities and what happens when the scope changes.
• If things are becoming tense, get tailored advice early so you know your options before the project gets further off track.

If you'd like help with your services agreement, change request clauses, contract variations or project terms, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.