Phase 5: Project Execution

Manipulated change orders and variation claims to extract rents

Change orders, claims and renegotiations are used strategically to increase prices after award, exploiting incomplete and weak design maturity, and gaps in supervision and approval controls.

Red Flags & Indicators

  • High volume of variations soon after award, with recurring design and bill of quantities omissions cited as justification.
  • Variations split into multiple small approvals below contractual thresholds, or fragmented across packages.
  • Cost increases lack accurate justification, with unit rates materially above contract or market benchmarks.
  • Claims bundled together into a final account and settled through side agreements or accelerated approvals without independent review or evidence.
  • Contingency is consumed rapidly, and schedule impacts are repeatedly reclassified to avoid accountability.

Stakeholder Guidance

Stakeholder Exposure

Exposure includes inconsistent cost variation process; inflated project scope and price; pressure to push unjustified changes or informal settlements; higher risk of disputes and delay from weak approvals; audit and anti-bribery risk; and reputational risk.

Decision Point

For each claim request, submit or accept variations and change orders only through formal contractual procedures, with validated scope, pricing, and supporting evidence.

Mitigation Actions

• Maintain updated records for each variation and claim request (reason, instructions, measurements, cost and time impacts)
• Ensure each variation and claim request is justified with reference to updated drawings, bill of quantities revisions, and site records
• Require independent cost estimate and benchmarking for material changes
• Require internal compliance approval before submitting, negotiating, or accepting change orders
• Avoid splitting variation and claim requests to bypass value thresholds
• Do not approve side agreements or accelerated approvals outside the contract procedure
• Maintain an auditable track record and version-controlled pricing build-ups for each renegotiation and contractual amendment
• Use internal compliance escalation processes and whistleblower channels, where available, to report any pressure to inflate claims, reclassify delays, or approve unjustified scope changes

Mitigation Resources

Control variation proposals, internal change approvals, supporting evidence, pricing build-ups, and change logs through formal evidence requirements, independent review, site or measurement records, and internal approval before submission, negotiation, or payment processing.

Change control, delivery verification, and payment integrity — https://toolbox.infrastructuretransparency.org/resource/change-control-delivery-verification-and-payment-integrity/

Embed anti-corruption, audit-access, cooperation, and remedy clauses in agreements governing variation proposals, supporting records, pricing build-ups, and change logs; invoke them when red flags escalate during claim preparation, negotiation, or payment processing.

Contracting integrity clauses and legal safeguards — https://toolbox.infrastructuretransparency.org/resource/contracting-integrity-clauses-and-legal-safeguards/