Do You Need A Written Variation For Extra Work?

Talia runs a small design studio in Auckland. She agrees to create a 12-page brochure for a client, but halfway through the project the client asks for extra product pages, new copywriting and a second round of photos.

She wants to keep the relationship friendly, so she says yes and gets on with it. A month later, she sends the invoice and the client pushes back: We thought that was included.

If you've been in business for more than five minutes, you've probably seen some version of this. Extra work often starts as a small favour, then turns into unpaid hours, awkward conversations and a project that no longer makes commercial sense.

The good news is that this doesn't have to be complicated. A clear variation process can help you say yes to extra work, get paid properly and keep the client relationship in good shape.

Can You Charge For Work Outside The Original Scope?

Yes, you can usually charge for work outside the original scope if the client agreed to the extra work and the price or pricing method is clear.

Under New Zealand contract law, the key question is whether you and the client agreed to change the deal. That agreement might be in a signed variation deed, an email, a purchase order or another written approval. In some cases, an oral agreement can still be binding, but it can be much harder to prove later.

For service providers, the problem is rarely that extra work is never chargeable. The problem is evidence. If the client later says they never approved the extra cost, you'll want something that shows:

• what the original scope included
• what changed
• who requested or approved the change
• how the extra work would be priced
• whether the change affected the timeline, deliverables or assumptions

Without that, you may spend more time arguing about the invoice than the extra work was worth.

This matters across all kinds of projects. A consultant might be asked to add extra workshops. A tradie might uncover work that wasn't visible when quoting. A photographer might be asked for additional edits. A software developer might be asked to add features that weren't in the original brief.

In each case, the safer path is the same: pause, confirm the change in writing and get approval before you do the work.

Do You Need A Written Variation For Extra Work?

In most service projects, you don't always legally need a written variation, but you should get one wherever you can.

A written variation or deed of variation is the simplest way to show that the client agreed to change the original contract. It doesn't need to be a 10-page document. Often, a short email trail or signed change order will do the job, as long as it clearly records the deal.

Your original contract may also require variations to be in writing. Many service agreements say something like: Any variation must be in writing and signed or approved by both parties. If your contract has wording like that, you should follow it closely.

If you ignore your own variation clause and rely on a casual conversation, you may make the payment conversation harder than it needs to be. The client may argue that the process in the contract wasn't followed, or that the person who asked for the work didn't have authority to approve extra costs.

What A Written Variation Should Cover

A practical written variation should usually include:

• a short description of the extra work
• the extra fee, hourly rate, day rate or pricing method
• whether GST is included or added
• any deposit or upfront payment required
• the impact on milestones or delivery dates
• any assumptions, exclusions or client responsibilities
• who is approving the variation on behalf of the client
• the date of approval

For example, Talia's email could say:

Thanks for asking us to add four extra product pages and one extra round of revisions. This is outside the original 12-page brochure scope. We can complete this for an additional $1,250 plus GST, and the delivery date will move from 10 May to 17 May. Please reply with 'approved' and we'll schedule the work.

That's simple, friendly and clear. It also gives the client a fair chance to say no before costs are incurred.

What Is A Variation Clause And Why Does It Matter?

A variation clause is the part of your contract that explains how changes to the scope, price or timeline must be approved.

This clause matters because it gives both sides a shared process before emotions or expectations get in the way. When a client asks for something extra, you don't need to make it personal. You can point back to the process you both agreed at the start.

A good variation clause helps you manage scope creep by making it clear that extra work isn't automatically included in the original price. It can also protect your margin where a project grows over time.

Scope Creep Contract Clauses To Include

Your service agreement or terms and conditions should usually cover:

• Defined scope: what deliverables, hours, milestones or tasks are included
• Exclusions: what isn't included, such as extra revisions, travel, third-party costs or urgent work
• Variation process: how the client requests and approves changes
• No work before approval: wording that says you don't have to start extra work until the variation is approved
• Rates: your hourly rates, day rates or quote process for additional work
• Timeline changes: wording that says extra work may extend deadlines
• Client delays: what happens if the client is late providing feedback, information or access
• Authority: who at the client's business can approve extra costs

Templates often miss the details that matter for your actual workflow. A cleaning business, an agency, a builder and a software consultant all need different variation wording, because their projects change in different ways.

Is An Email Or Text Message Enough To Approve Extra Work?

Yes, an email or text message can often be enough, if it clearly shows the client approved the extra work and the extra cost.

New Zealand law generally recognises electronic communications and electronic signatures in commercial dealings. The Contract and Commercial Law Act 2017 includes rules about electronic transactions, including when electronic signatures can meet legal requirements. For everyday business approvals, a clear written electronic trail is often very useful.

That said, the quality of the approval matters. A vague message like sounds good may not be enough if it's unclear what the client was approving.

A stronger approval looks like this:

• Approved. Please go ahead with the extra two site visits at $450 plus GST per visit.
• Yes, we approve the revised quote dated 4 June for $3,800 plus GST.
• Please proceed with the change order for feature set B. We understand this moves the launch date to 30 September.

Try to keep approvals in one place where possible. If changes are approved across calls, Slack, texts and emails, it's easy for things to get messy. After a phone call, send a short confirmation email before starting the work.

Who Needs To Approve The Change?

The approval should come from someone with authority to bind the client. In a small business, that might be the owner or director. In a larger organisation, it might be the project manager, procurement contact or someone named in the contract.

If you're not sure, ask. A simple line can save you trouble later:

Can you please confirm you're authorised to approve this additional cost on behalf of the business?

If the client uses purchase orders, ask for the updated purchase order before starting. If the client has an internal approval process, build that into your timeline.

How Do You Update A Quote Without Damaging The Relationship?

You can update a quote without damaging the relationship by being clear, calm and early.

Clients are usually more frustrated by surprise invoices than by honest pricing conversations. If the scope has changed, say so as soon as you spot it. You don't need to sound defensive or legalistic.

Try framing it around the project:

We're happy to help with that. It's outside the original scope, so we'll send through a small quote update before we begin.

That tells the client three useful things:

• you're willing to help
• the request is extra work
• there will be an extra cost before you proceed

Quote, Estimate Or Time And Materials?

The way you price the variation should match the type of work.

• Fixed quote: useful where the extra work is clearly defined and the risk is manageable
• Estimate: useful where you can give a likely range, but the exact work is uncertain
• Time and materials: useful where the work is hard to predict and you charge for actual time and costs
• Hourly or day rate: useful for consulting, creative support, maintenance or ad hoc tasks

Be careful with pricing language. Under the Fair Trading Act 1986, businesses must not mislead clients about price, inclusions or likely costs. If a price is only an estimate, say it's an estimate. If your quote depends on assumptions, state those assumptions clearly.

If you work with consumers as well as businesses, the Consumer Guarantees Act 1993 may also apply to your services. For business-to-business supply, the Act allows contracting out in limited cases where the agreement is in writing, the goods or services are supplied and acquired in trade, all parties are in trade and agree to contract out, and it's fair and reasonable for the parties to be bound by the clause. Your terms should be drafted carefully if you want to rely on that.

What If The Client Refuses To Pay For Extra Work?

If the client refuses to pay, start by checking what was agreed and what evidence you have before escalating the conversation.

For many service providers, the best outcome isn't a fight. It's getting the conversation back to the facts so you can preserve the relationship where possible.

Work through these steps:

1. Review the original contract: check the scope, exclusions, rates, payment terms and variation clause.
2. Gather the approval trail: find emails, texts, purchase orders, meeting notes and any approved quote updates.
3. Compare the work to the scope: be specific about what was included and what was additional.
4. Explain the invoice clearly: break down the extra work, dates, rates and GST.
5. Offer a practical next step: if the relationship matters, you might offer a call to walk through the invoice or agree a payment plan.

Keep your tone professional. If the client genuinely didn't understand the cost, a clear explanation may solve the issue. If the approval process was unclear, you may decide commercially to negotiate part of the invoice, then tighten your contracts for next time.

For construction work, different rules may apply under the Construction Contracts Act 2002, including rules around payment claims and payment schedules. If you're doing building or trade work, it's worth getting construction-specific advice before you set up your quoting and variation process.

If a disagreement becomes serious, you'll need advice from a provider that can help with disputes, debt recovery, tribunal matters or court processes, so it's best to get the right support for that situation early.

How Can You Prevent Scope Creep In Future Projects?

You can prevent a lot of scope creep by setting expectations before the project starts and making variations part of your normal workflow.

This isn't about being difficult with clients. It's about making it easy for everyone to know what's included, what's extra and what happens when the brief changes.

Before The Project Starts

Set up your documents so they do the heavy lifting for you. Your proposal, quote, statement of work and service agreement should line up with each other.

• Describe deliverables in practical detail
• Limit the number of revision rounds, drafts or meetings
• List what the client must provide and by when
• State whether travel, materials, third-party costs or urgent turnaround fees are extra
• Include GST treatment clearly
• Set payment milestones that match the project workload
• Include a clear variation clause

During The Project

Train yourself and your team to spot change requests early. Common scope creep phrases include:

• Can you just add...
• While you're there...
• This should only take a minute...
• We assumed that was included...
• Can we make one more round of changes?

When you hear those phrases, pause and check the scope. If it's extra, send a variation before doing the work.

After The Project

Use each project to improve your documents. If the same kind of extra work keeps appearing, your original scope may need to be clearer or your pricing model may need to change.

For example, if clients often ask for extra revisions, you might offer packages with one, two or unlimited revision rounds at different prices. If site visits often increase, you might include a set number and charge a clear rate after that.

Small changes like this make your pricing easier to understand and help your clients make better decisions.

Key Takeaways

• Extra work is usually chargeable if the client agreed to it, but written approval makes it much easier to prove.
• A good variation clause explains how changes to scope, price and timing are approved.
• Email, text or electronic approval can be useful, but the approval should clearly identify the extra work and extra cost.
• Quote updates should be sent before the extra work starts, not after the invoice goes out.
• Clear scopes, exclusions and revision limits help prevent scope creep in consulting, trade and creative projects.
• If your project work is regularly changing, tailored contract terms can protect your time, cash flow and client relationships.

If you'd like help with your service agreements, variation clauses, quote terms or client approval process, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.