Modified Variation Order Management Model for Civil Engineering

Construction Projects

David Dickson Oloo

A Thesis Submitted in Partial Fulfilment for the Degree of Master of

Construction Project Management in the Jomo Kenyatta University
of Agriculture and Technology

June, 2015
 DECLARATION

This thesis is my original work and has not been presented for a degree in any other
university.

Signature: Date:

David Dickson Oloo

This thesis has been submitted for examination with our approval as the university
supervisors.

Signature: Date:

Dr. Gerryshom Munala

JKUAT, Kenya

Signature: Date:

Dr. Githae Wanyona

JKUAT, Kenya

ii
 DEDICATION

To my wife Judith Akinyi, Thank you.

To my son Adrian Jesse Oloo, who has since gone to be with the lord Daddy loves
you.

To my youngest son Casey Ethan Otunga, welcome to the world and may you be a
better man than your dad.

Last but not least, to my parents Mr. Francis Otunga Nyamngero and Mrs. Dorcas
Akinyi Oloo for the firm foundation they laid for me and their prayers during the
course of this work. To them, I will be forever indebted.

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 ACKNOWLEDGEMENTS

This study would not have been accomplished were it not for the noble people I
interacted with during the course of conducting this research. First and foremost, a
special thanks to the Almighty God for bringing me this far.

With heartfelt gratitude I wish to acknowledge my supervisors Dr. Gerryshom Munala

and Dr. Githae Wanyona for their guidance, time, critical comments, suggestions and
the encouragement they provided throughout the period of this research. Without their
immense contribution, this study would have never seen the light of the day.

I am greatly indebted to staff in the Department of Construction Management who out

of their busy schedule found time to organise meetings with our research co-
ordinators and JKUAT library staff who allowed me to access the electronic journal
database regularly and on a short notice, contrary to the regulations of the library.

I would also like to acknowledge my fellow students for the many times we shared
ideas and words of encouragement that kept us going during the challenging times.

Last but not least, a special thanks to my better half, Judith Akinyi, whom I would
like to recognize for her constant encouragement, prayers, friendship and her sense of
humour. It would not have been the same if you were not there. May God bless you
immensely!

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 TABLE OF CONTENTS

DECLARATION........................................................................................................ ii

DEDICATION........................................................................................................... iii

ACKNOWLEDGEMENTS ..................................................................................... iv

TABLE OF CONTENTS .......................................................................................... v

LIST OF ABBREVIATIONS ................................................................................ viii

LIST OF FIGURES .................................................................................................. ix

LIST OF TABLES ..................................................................................................... x

LIST OF APPENDICES .......................................................................................... xi

ABSTRACT .............................................................................................................. xii

CHAPTER ONE ........................................................................................................ 1

INTRODUCTION...................................................................................................... 1

1.1Background of the Study ................................................................................ 1

1.2 Statement of the Problem ............................................................................... 2
1.3 Objectives of the Study .................................................................................. 2
1.4 Research Questions ........................................................................................ 3
1.5 Justification of the Study ............................................................................... 4
1.6 Significance of the Study ............................................................................... 4
1.7 Scope of the Study ......................................................................................... 5
1.8 Limitations of the Study................................................................................. 5
1.9 Assumptions of the Study .............................................................................. 6
1.10 Definition of Terms...................................................................................... 6
1.11 Study Outline ............................................................................................... 7
CHAPTER TWO ....................................................................................................... 8

LITERATURE REVIEW ......................................................................................... 8

2.1 Introduction .................................................................................................... 8

2.2 The Legal Framework .................................................................................... 8
2.3 Taxonomy of Variations .............................................................................. 10

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 2.4 Origin Agents of Variation Orders .............................................................. 11
2.5 Aspects of Construction Variations ............................................................. 13
2.6 Potential Causes of Variation Orders ........................................................... 13
2.7 Potential Effects of Variation Orders ........................................................... 15
2.8. Valuation of Variations ............................................................................... 18
2.9 Factors Influencing the Occurrence of Variations ....................................... 18
2.10 Theoretical Framework .............................................................................. 21
2.11 Conceptual Framework .............................................................................. 23
CHAPTER THREE ................................................................................................. 25

RESEARCH DESIGN & METHODOLOGY....................................................... 25

3.1 Introduction .................................................................................................. 25

3.2 Research Design........................................................................................... 25
3.3 Population and Sample ................................................................................ 26
3.4 Data Collection Instruments ........................................................................ 27
3.5 Data Collection Procedure ........................................................................... 29
3.6 Data Analysis Procedure .............................................................................. 30
3.7 Quality Control ............................................................................................ 32
3.8 Ethical Considerations ................................................................................. 34
3.9 Field Study Constraints ................................................................................ 34
CHAPTER FOUR .................................................................................................... 35

DATA ANALYSIS AND DISCUSSIONS.............................................................. 35

4.1 Introduction .................................................................................................. 35

4.2 Nature of Variation Orders in Civil Engineering Construction Projects in
Kenya ................................................................................................................. 35
4.3 Factors that Contribute to Variation Orders in Civil Engineering Construction
Project in Kenya. ................................................................................................ 39
4.4 The Effects of Variation Orders in Civil Engineering Construction Projects in
Kenya. ................................................................................................................ 48
4.5 Effective Variation Management System .................................................... 53
4.6 Conclusion ................................................................................................... 65
CHAPTER FIVE ..................................................................................................... 66

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SUMMARY, CONCLUSIONS AND RECOMMENDATIONS ......................... 66

5.1 Introduction .................................................................................................. 66

5.2 Summary of the Findings ............................................................................. 66
5.3 Conclusions .................................................................................................. 70
5.4 Recommendations ........................................................................................ 71
5.5 Implication for Theory ................................................................................. 73
5.6 Implication for Policy .................................................................................. 74
5.7 Areas of Further Study ................................................................................. 75
REFERENCES ......................................................................................................... 76

APPENDICES .......................................................................................................... 82

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 LIST OF ABBREVIATIONS

ACEK Association of Consulting Engineers of Kenya

ADB African Development Bank

CIRIA Construction Industry Research and Information Association

CII Construction Industry Institute

DAB Dispute Adjudication Board

FIDIC International Federation of Consulting Engineers

FPC Finite Population Correction

KRB Kenya Roads Board

MoPW Ministry of Public Works

NWCPC National Water Conservation and Pipeline Cooperation

PPOA Public Procurement and Oversight Authority

PVO Potential Variation Order

VO Variation Order

RFI Request for Information

RFP Request for Proposal

SPSS Statistics Package for Social Sciences

TC Tender Committee

TOC Taking Over Certificate

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 LIST OF FIGURES

Figure 2-1: Origin Agents of Variation Orders .......................................................... 11

Figure 2-2: Variation Control Chart ........................................................................... 23

Figure 2-3: Conceptual Framework ............................................................................ 24

Figure 4-1: Origin Agents of Variation Orders in Kenya. .......................................... 36

Figure 4-2: Aspects of Variation Orders in Kenya ..................................................... 38

Figure 4-3: Modified Effective Variation Management Model.................................. 57

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 LIST OF TABLES

Table 2-1: Potential Causes of Variation Orders ........................................................ 14

Table 2-2: Potential Effects of Variation Orders ........................................................ 16

Table 3-1: Cronbach's Consistency Alpha .................................................................. 33

Table 3-2: Cronbach's Alpha Results .......................................................................... 33

Table 4-1: The Most Important Causes of Variation Orders in Kenya ....................... 40

Table 4-2: The Five Most Important Causes of Variation and their Origin Agents ... 46

Table 4-3: Kendall's Coefficient of Correlation for Causes of Variation Orders ....... 47

Table 4-4: The Most Important Factors Causing Variation Orders; Comparison of

Kenya, South Africa, Seychelles and Iran. .................................................................. 47

Table 4-5: The Most Important Effects of Variation Orders in Kenya ....................... 49

Table 4-6: Kendalls Coefficient of Correlation for Effects of Variation Orders ....... 52

Table 4-7: The Most Important Effects of Variation Orders; Comparison of Kenya,

South Africa, Singapore and Iran................................................................................. 53

Table 5-1: Recommendation for Variation Management ........................................... 71

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 LIST OF APPENDICES

Appendix A: Questionnaire X.................................................................................. 82

Appendix B: Questionnaire Y.................................................................................. 88

Appendix C: Questionnaire Z .................................................................................. 94

Appendix D: Rate of Return for Questionnaires .................................................... 100

Appendix E: Participants Profile ........................................................................... 101

Appendix F: RII Calculation for Factors Contributing to Variation Orders ......... 102

Appendix G: RII Calculation for Effects of Variation Orders ............................... 105

Appendix H: Ranking of Factors Contributing to Variation Orders Using RII ..... 106

Appendix I: Ranking of Effects of Variation Orders Using RII .......................... 107

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 ABSTRACT

Variations are almost inevitable in construction projects and play important role in
determining the closing cost and time of the projects. In civil engineering construction
projects in Kenya, variations are incessant and excessive in magnitude. This study
therefore investigated the factors contributing to variation orders and their effects on
civil engineering construction projects in Kenya and proceeded to recommend an
effective variation order management system.

The study was conducted through survey method. Data was collected using a total of
95 questionnaires. The survey achieved a 78% rate of return. The data was analysed
using percentages, Relative Importance Index (RII), and Kendalls coefficient of
concordance. The results were presented in tables and pie-chart diagrams.

The results suggest that in civil engineering construction projects in Kenya, the client
is the most predominant origin agent of variations at 55%, while additional work is
the most common aspect of variations at 58%. Using RII, the five most important
factors causing variation orders were found to be: delay in land
acquisition/compensation (0.859); differing site conditions (0.832); change of plans or
scope by client (0.762); change of schedule by the client (0.751); and lack of
coordination between overseas and local designers (0.741). In addition, the three most
important effects of variation orders were found to be: cost overruns (0.903);
contractual claims and disputes (0.814); and time overruns (0.811). The study also
established that there is no existing variation management system for civil
engineering construction projects in Kenya and consequently developed an effective
model that if adopted, would help reduce the occurrence of variations and ensure that
those that are inevitable do occur in a controlled manner.

To minimise the occurrence of variation orders in civil construction in Kenya, the

study recommended the following: conclusion of design before tendering; thorough
feasibility study; clear and precise project brief devoid of ambiguities; and proper
coordination between overseas and local designers.

The study concludes that the success of variation management depends not only on
the diligence of the client and consultant during the preconstruction stage but also
upon effective communication and collaboration between project team members
throughout the project life cycle.

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 CHAPTER ONE

1.0 INTRODUCTION

1.1Background of the Study

The complexity of construction works means that it is hardly possible to complete a

project without changes to the plans or the construction process itself. Construction
plans exists in form of designs, drawings, quantities and specifications earmarked for
a specific construction site. According to Ssegawa et al. (2002), changes to the plans
are often effected by means of a variation order initiated by a consultant on behalf of
the client or as raised by the contractor.

Worldwide, variation orders are the main cause of cost and time overruns in
construction contracts. CII (1990); Hsieh et al. (2004); Mohamed (2001); Randa et al.
(2009); Zeitoun and Oberlender (1993) concur that variation orders contribute to 6-
17% cost overruns in construction projects. CII (1990); Kumaraswamy et al. (1998);
Zeitoun and Oberlender (1993) reported that time overruns due to variation orders are
in the magnitude of 10-50%. Moreover, Assaf et al. (1995) reckoned that variation
orders are the major cause of contractual claims, with a staggering 60% of all claims
being attributed to variation orders.

Regionally, Ndihokubwayo (2008) observed that construction projects have a

prevalence of variation orders of 85% of the total site instructions with clients being
the origin of 49%, consultants 47% and contractors 4% of the variations. Further,
Oladapo (2007); Sunday (2010) believed that variation orders are to blame for cost
overruns of between 25-78% and time overruns of between 27- 68%. However,
according to Ndihokubwayo and Haupt (2009), 95% of the variation occurring are
considered beneficial to the project objectives.

In a developing country like Kenya, where a boom in construction is currently being

experienced due to increased investment in infrastructure development, the
occurrence and impact of variation orders cannot be overlooked. This is because past
projects have been marred by variations, resulting in cost and time overruns. Locally,
ADB (1998); Andrew (2013); KRB (2002) reported that variation orders in
construction projects have been associated with cost and time overruns in the
magnitude of 70 - 151% and 32 - 179% respectively. Separately, Msafiri (2006)

1
noted that design changes by engineers is a major cause of schedule delays in road
construction projects. In addition, KACC (2007) cautioned that the rampant
occurrence of variations has been revealed as an avenue through which unscrupulous
contractors, engineers and government officials collude to escalate project cost
resulting into wastage of public funds.

Attempts have been made to solve the problem of variations by restricting their
magnitude. FIDIC (1999) allows for up to 10% while FIDIC (2006) stipulates 25% of
the contract sum. Whereas in Kenya, the PPOA (2006); PPOA (2013) impose ceiling
of 15% and 25% of the original contract sum respectively. Despite of these attempts,
construction projects are still dogged by cost and time overruns; contractual claims
and disputes; degradation of labour productivity and strained professional relationship
attributable to variations orders.

1.2 Statement of the Problem

Ashworth (1998) posit that the existence of variation clauses in various standard
forms of contracts is not a bad idea per se. It somewhat improves the clients potential
for securing a superior end product, but at a price, for the clients then have less
certainty about the completion cost and time for their projects. Further, these clauses
impose limits to the magnitude of variations so that the clients right to vary is not
mismanaged. However, in civil engineering construction projects in Kenya, variation
orders are incessant and excessive in magnitude. According to KACC (2007), the
limits of variation are never adhered to as stipulated in the public procurement and
disposal act (PPOA). This creates a loophole that is often exploited by unscrupulous
personnel leading to unwarranted variations and eventually embezzlement of public
funds. Therefore, the purpose of this study is to investigate the underlying factors
contributing to variation orders and their downstream effects on civil construction
projects in Kenya, with a view of making recommendations that are geared towards
effective variation order management.

1.3 Objectives of the Study

The main objective of this research is to determine the factors contributing to

variation orders and their effects in civil engineering construction project in Kenya,
with a view to recommending a management model that is geared towards effective
variation management.
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The specific objectives of this research study are:
(i) To examine the nature of variation orders in civil engineering construction
projects in Kenya;
(ii) To determine the factors that contribute to variation orders in civil engineering
construction projects in Kenya;
(iii) To investigate the effects of variation orders in civil engineering construction
projects in Kenya.
(iv) To recommend an effective variation order management system for civil
engineering construction projects in Kenya.

1.4 Research Questions

1. Objective 1:

a) Who are the origin agents of variation orders in civil engineering construction
projects in Kenya?

b) What are aspects of variations in civil engineering construction projects in

Kenya?

2. Objective 2:

a) What are the most important factors that contribute to variation orders in civil
engineering construction projects in Kenya?

b) Which origin agent is responsible for the most important factors causing
variation orders in civil engineering construction projects in Kenya?

3. Objective 3:

a) What are the most important effects of variation orders in civil engineering
construction projects in Kenya?

b) What do the most important effects of variation orders imply on the problem
statement of this study?

4. Objective 4:

a) Is there a system in place for variation order management in civil construction

projects in Kenya?

b) What steps can be taken to ensure that variation orders in civil construction
projects in Kenya are effectively managed?

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1.5 Justification of the Study

Variation orders are an all too common part of construction projects. This is because;
the need to make changes in a construction project is a matter of practical reality.
However, variations can be extremely expensive and may negatively impact a
projects schedule. In addition, they can potentially sour the business relationships on
a project. It is therefore a desirable outcome for project stakeholders to reduce the
occurrence of avoidable variation orders and to mitigate the effect of the unavoidable
ones. CII (1994); Hester et al. (1991), concede that to overcome the problems
associated with variations to a project, the project team must be able to
comprehensively understand the root causes of variations and their immediate
downstream effects so as to control, or at least monitor the associated cost and
schedule impact.

1.6 Significance of the Study

Firstly, the literature is awash with probable factors that could cause variations in
construction projects and their effects. However, the levels of significance of these
factors vary from one country to the other and depend on the uniqueness of the
challenges faced in each country. Hence the need to put into perspective the most
important causes and effects of variations in the Kenyan context.

Secondly, the findings of this study contribute valuable knowledge to the field of
construction management in general. To the best of the authors knowledge, it is one
of the few if not the only study that has focused on developing variation order
management model for civil engineering construction projects in Kenya, and as such;
it is to produce hitherto unavailable knowledge on this subject. It should therefore
form a useful material for reference to other researchers and readers in general.

Thirdly, the study suggests significant policy statement through its recommendations.
The study makes recommendations on ways of reduce the occurrence of variations in
civil construction projects. Such recommendations could inform procurement policy
formulation in the construction industry in general because they are originated
through valid research data.

Last but not the least, the study also influences the practice of management of public
construction projects in Kenya. In the attempt to deal with adverse effects of variation

4
orders such as cost overruns, time overruns and contractual claims and disputes, the
management of public funded construction projects will focus on specific issues of
causes of construction variations generated through this research. Henceforth, they
need to follow theories, rules and traditions that are remote and without specific
relevance to them but, but base their practices, decisions and other managerial
behaviors on products of research that are specific to their situations. The use of such
specific knowledge will improve the quality of management of construction projects
and raise the performance of construction projects in the country.

1.7 Scope of the Study

This study on causes and effects of variation orders in civil construction projects in
Kenya was confined to participant companies with their headquarters in Nairobi
County geographical area within the republic of Kenya. However, the participant
companies are assumed to be experienced in civil engineering construction projects
spread across the breadth and width of the republic of Kenya.

The participant companies considered in this study were those involved in either
complete or ongoing public funded roads, bridges, water, sewerage, ports, airports and
electricity generation and transmission infrastructure projects in Kenya with contract
sum of at least KS. 500,000,000.

The study was conducted between January 2013 and January 2014 through survey
design, where the opinion of 95 construction professionals working with engineering
consultants, clients and contractors were sought using questionnaires.

1.8 Limitations of the Study

First and foremost, the ideal study would have been a combination of questionnaire
surveys and case studies where actual project documents, records and variation orders
would be examined. However, due to budgetary and time constraints, only
professionals opinions were sort. In adopting this methodology for the study, the
actual magnitude of factors causing variations and their effects could not be
established.

Secondly, the study assumed that civil engineering construction projects in Kenya are
undertaken through the design bid and build (traditional) procurement model where
the design responsibilities rest with the client. However, a significant proportion of

5
mega construction projects are adopting the design build (turnkey) procuring model
where design responsibilities are with the contractor.

Nevertheless, the above limitations do not render the observations made in this study
incomplete or invalid. In addition, while the findings may not be broadly generalized,
they are indicative of the causes and effects of variation orders on civil construction
projects in Kenya, given that most of the key findings confirmed the findings of the
literature review.

1.9 Assumptions of the Study

The study made the following assumptions during the course of execution;

1) Civil engineering construction projects in Kenya adopt the traditional design bid
and build procurement system where construction risks are almost equally shared
between the client and contractor and the consultant is the clients agent.

2) The frequency of occurrence of variation orders and their magnitude vary from
one type of civil work to the other. For the purpose of this study, it was assumed
that civil works experience more or less the same frequency and magnitude of
variations.

3) The respondents for the questionnaire survey are engaged in public construction
projects which are subject to the provisions of the Public Procurement and
Disposal Act of 2005.

1.10 Definition of Terms

The following are the definitions of the basic technical terms used in this study: -

1.10.1 Civil Engineering Construction: A discipline which includes all techniques

concerning the civil constructions of bridges, buildings, transportation systems,
tunnels, viaducts, airports, dams, harbors, water distribution, transmission lines etc.
(Jean-Paul, 2004). Jean-Paul (2004)

1.10.2 Variation: The change in the contractual terms upon which the relevant work
is to be performed (Akinsola et al., 1994). This study will interchangeably use
variation and change to refer to the same thing. Akinsola et al. (1994)

1.10.3 Variation Order: A written instruction issued to the contractor by the owner,
which authorize a change in the work or an adjustment in the contract sum or even the

6
contract time (Clough & Sears, 1994). This study will interchangeably use variation
order and change order to refer to the same thing. Clough and Sears (1994)

1.11 Study Outline

The study report is organised in five chapters:

Chapter One: Introduction- This chapter is an introduction to the study comprising

the background, statement of the problem, objectives of the study, research questions,
study justification, scope and limitations, assumptions of the study, definition of
terms, and study outline.

Chapter Two: Literature Review-This chapter explored previous studies related to

variation orders. The origin causes and impact of variation orders on projects
performance were discussed.

Chapter Three: Research Design and Methodology -This chapter discussed the
research approach, tools and methods used for data gathering and analysis.

Chapter Four: Data Analysis and Discussions This chapter constituted the
presentation and analysis of data gathered at the survey stage of the research. Guided
by the methodology, the raw data captured by the research instrument are analysed
and the findings discussed based on research questions or objectives.

Chapter Five: Summary, Conclusions and Recommendations - Conclusions and

recommendations were drawn based upon data analysis, linking them to the problem
statement, research questions and objectives of the subject under investigation.

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 CHAPTER TWO

2.0 LITERATURE REVIEW

2.1 Introduction

This chapter presents the literature related to variation orders in construction projects.
The review is conceptualised under the objectives of the study and focuses mainly on
four major topics namely: the origin agents of variations, the aspects of variations, the
potential causes of variation orders and the potential effects of variation orders. A
theoretical and conceptual framework is then developed to help identify the variation
order variables.

2.2 The Legal Framework

This sub-section outlines the existing regulatory framework that guide the
management of variations in civil engineering construction projects both in Kenya
and in the international scene. It begins by exploring the genesis and provisions of the
local public procurement regulations under PPOA and proceeds to shed light on the
requirements of FIDIC Redbook 1999 for the administration of contracts in the civil
works designed by the client.

2.2.1 Variations under PPOA

In Kenya, variation to works in public projects is administered by the Public

Procurement and Disposal Act of 2005. Under this legal dispensation, the Public
Procurement Oversight Authority (PPOA) was created to oversee public procurement
system with its principal function of ensuring that the public procurement law is
complied with. According to PPOA (2006) clause 31, variations to work shall be
effective provided; the quantity variation for works does not collectively exceed
fifteen percent (15%) of the original contract quantity; and quantity variation is to be
executed within the period of the contract. This regulation has since been amended via
PPOA (2013) which limits cumulative variations to 25% of the contract sum for
works. Further, PPOA (2009) instructs that all variation must be approved by the
tender committee within the procuring entity and instruction issued in writing in form
of Variation Instruction or Variation Order.

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2.2.2 Variations under FIDIC Redbook 1999

FIDIC (1999) empowers the engineer to initiate variations either by instruction (sub-
clause 3.3) or by a request for the contractor to submit a proposal (sub-clause 13.1).
An instruction can be issued at any time to the extent that it is necessary for the
execution of the works (sub-clause 3.3). However, FIDIC (1999) limits the power of
the engineer to give an instruction which constitutes a variation until the engineer has
issued the Taking-Over Certificate (TOC). Any variation order instructed after the
issuance of the TOC to the contractor is therefore null and void.

In order to avoid non intended variation orders or variation orders without having a
full appraisal of its consequences, the engineer will usually request a proposal from
the contractor according to sub-clause 13.3 of (FIDIC 1999). The latter will then
respond in writing as soon as practicable, either by giving reasons why he cannot
comply or by submitting a detailed proposal in accordance with sub-clause 13.3. Such
kind of proposal will not constitute a firm offer to carry out the variation. Thus the
engineer will not accept an offer but simply give the instruction to execute the
proposed variation. If instructed, payment will be made either by measurement and
evaluation and subsequent determination. Moreover extension of time for completion
would be determined under the procedures at sub-clause 20.1, 3.5 and subject to sub-
clause 8.4.

Jaeger and Hok (2010) argue that the contractor is bound to execute each variation,
unless he promptly gives reasons with supporting particulars stating the grounds for
which he is not willing to do so. However, FIDIC (1999) gives little scope for
excuses. The extent to which variations are admissible is covered in sub-clause 13.1.
The consultant is not permitted to omit work in order to have it done by others. He is
also not permitted to amend the contract. Thus variations must not differ radically
from what the contractor has already undertaken to carry out (Jaeger & Hok, 2010).

According to sub-clause 13.2 the contractor is also entitled to initiate variations on

special grounds. This kind of variation has been named value engineering. The types
of variations which fall under sub-clause 13.2 are clearly defined in sub- clause 13.2.
However, if the consultant approves a proposal of the contractor which did not meet
the requirements of sub-clause 13.2 this will nevertheless constitute a variation order.

9
But only if the requirements of sub-clause 13.2 are met, will the contractor be entitled
to an additional fee pursuant to sub-clause 13.2.

For both the parties to the contract and the consultant, it is critical to know whether an
instruction from the engineer should be treated as a variation or a simple site
instruction (compare sub-clause 3.3 where it is said, that if an instruction constitutes a
variation, clause 13 applies).

According to Jaeger and Hok (2010), under the terms of FIDIC (1999) the consultant
is required to give instructions for a number of different purposes. He may instruct to
make good defects, to recover work and to test work. According to sub-clause 1.5, he
is entitled to issue instructions if an ambiguity or discrepancy is found in the
documents. If any of his instructions change the order of priority of the documents
which is ruled in sub-clause 1.5 it is suggested that the instruction according to which
a document of less priority overrules a document of higher priority should constitute a
variation. Some of his instructions may have the nature of a variation; some remain
simple site instructions without any impact on time and money. Some of those
instructions deemed to constitute a variation, would include an instruction under sub-
clause 4.6 (instructions to allow opportunities for carrying out work to the clients
personnel, any other contractors or personnel of any legally constituted public
authority) or one under sub-clause 11.2 (instruction to remedy defects which are not
attributable to the contractor).

2.3 Taxonomy of Variations

The nature of a variation order can be determined by referring to both the reasons for
their occurrence and subsequent effects. According to Arain and Pheng (2005b) there
are two types of variation orders namely: beneficial and detrimental variation order.

2.3.1 Beneficial Variation Orders

Arain and Pheng (2005b) believe that a beneficial variation order is one issued to
improve the quality standard, reduce cost, schedule, or degree of difficulty in a project
and as a result; it optimizes the client's benefits against the resource input by
eliminating unnecessary costs from a project. In addition, Kelly (2002) argued that a
variation order is beneficial if it is initiated to enhance the client's value. Among

10
others, the client's value system elements include time, capital cost, operating cost,
environment, exchange or resale, aesthetic/esteem and fitness for the purpose.

2.3.2 Detrimental Variation Orders

Arain and Pheng (2005b) are of the opinion that a detrimental variation order is one
that negatively impacts the client's value or project performance. For example a client
who is experiencing financial problems may require the substitution of quality
standard expensive materials to substandard cheap materials.

Ndihokubwayo and Haupt (2009) investigated the nature of variation orders in

building construction projects in South Africa using questionnaire survey. Their study
found that 95% of variation orders issued were beneficial to the projects performance.
Apparently, there was no variation order issued that negatively affected the quality of
the end product.

2.4 Origin Agents of Variation Orders

Arain and Pheng (2006a) identified four main origin agents of variation orders. These
agents include clients, consultants, contractors and the unspecified others as
depicted in Figure 2-1.

Figure 2-1: Origin Agents of Variation Orders

Source: Arain and Pheng (2006b)

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2.4.1 Client

Arain and Pheng (2006a) noted that the client as the project initiator plays a major
role in the construction project from the inception to the completion. As a result,
clients influence the likelihood of the occurrence of variation orders. Clients
anticipate the needs and objectives of projects, establish the scope of works and the
required quality standards.

2.4.2 Consultant

Ndihokubwayo and Haupt (2008) observed that the consultant team includes
architects, designers, specialist engineers, project managers, surveyors, quantity
surveyors and construction economists. Members of the consultant team have power
to effect variation orders upon delegation by the client or on their behalf.

2.4.3 Contractor

Sweeney (1998) stated that it is the contractors responsibility to advise the consultant
to issue a variation order when a technical problem is discovered. According to
Sweeney (1998) a contractor may propose alternative construction methods where his
experience shows that the proposed technology will not fulfil the desired fitness and
function of a design.

2.4.4 Other Variations

Arain and Pheng (2006a) observed that situations beyond the control of the
contractual parties may give rise to variation orders, These include; weather
conditions, certain health and safety considerations, change in government
regulations, change in economic conditions, socio-cultural factors and unforeseen
problems.

Awad (2001) analyzed the variation orders occurrence in combined sewer flow
construction projects in Michigan, USA. The study found that the most frequently
project parties generating variation orders were: the engineer (consultant) generating
about 47.1% of total cost escalation; and the owner (client) generating 43.1%. The
study further found that about 55.4% of the variation orders causing total time
extension were generated by the owner group.

Bromilow (1970) in his research based on analysis of data collected on 248 projects in
Australia, identified seven sources of variations. From the report, the client was

12
identified as the most prolific source of variations on construction works (49%) with
the second major source being the design team (26%).

2.5 Aspects of Construction Variations

According to FIDIC (2006),each variation may include:

1) Changes to the quality and other characteristics of any item of work,

2) Changes to the levels, positions and/or dimensions of any part of the Works,

3) Omission of any work unless it is to be carried out by others,

4) Any additional work, Plant, Materials or services necessary for the Permanent
Works, including any associated Tests on Completion, boreholes and other testing
and exploratory work, or

5) Changes to the sequence or timing of the execution of the Works.

Ssegawa et al. (2002) investigated the opinion of project parties regarding the
frequency of occurrence, causes, and originators of variation orders. The study found
that additions and omissions are the most common aspects of variations in projects,
which represented about 45.7% of all variation orders in building projects.
Substitutions were considered the third most important cause of variations.

2.6 Potential Causes of Variation Orders

The enormity of the various factors causing variations identified over the years by
various author shows that variation has come to stay as part of the construction
projects and it cut across all contracting parties. Table 2-1 shows various causes of
variation order and their categorization according to origin agents. The causes of
variation orders were categorized into consultant related, client related, contractor
related variation order and the other changes that can be referred to as force majeure.

13
Table 2-1: Potential Causes of Variation Orders

Category of Cause of Variation Identified Author (s)

variation

Consultant Change in design by consultant; Errors and omissions Al-Hammad and Assaf
related in design; Conflicts between contract documents; (1992); Assaf et al.
variations Inadequate scope of work for contractor; Technology (1995); Chappel and
change; Lack of coordination; Design complexity; Willis (1996); CII
Inadequate working drawing details; Inadequate shop (1994); Fisk (1997);
drawing details; Consultants lack of judgment and O'Brien (1998); Wang
experience; Lack of consultants knowledge of (2000)
available materials and equipment; Consultants lack of
required data; Obstinate nature of consultant;
Ambiguous design details;

Client related Change of plans or scope by owner; Change of Arain and Pheng (2005a);
variations schedule by owner; Owners financial problems; Fisk (1997); Gray and
Inadequate project objectives; Replacement of Hughes (2001); O'Brien
materials or procedures; Impediment in prompt (1998); Wang (2000)
decision making process; Obstinate nature of owner;
Change in specifications by owner.

Contractor Complex design and technology; Lack of strategic Al-Hammad and Assaf
related planning; Contractors lack of required data; Lack of (1992); Arain and Pheng
variations contractors involvement in design; Lack of modern (2005a); Assaf et al.
equipment; Unfamiliarity with local conditions; Lack (1995); Clough and Sears
of a specialized construction manager; Fast track (1994); Fisk (1997);
construction; Poor procurement process; Lack of O'Brien (1998); Thomas
communication; Contractors lack of judgment and and Napolitan (1994);
experience; Shortage of skilled manpower; Wang (2000)
Contractors financial difficulties; Contractors desired
profitability; Differing site conditions; Defective
workmanship; Long lead procurement

Other Weather conditions; Safety considerations; Change in Arain and Pheng (2005a);
variations government regulations; Change in economic Fisk (1997);
conditions; Socio-cultural factors; Unforeseen Kumaraswamy et al.
problems. (1998); O'Brien (1998);
Wang (2000)

Source: Sunday (2010)

14
Wu et al. (2005) analyzed the causes and effects of 1038 variation orders authorized
by project management in a highway construction project in Taiwan. The study found
that changes made in response to legislative or policy changes were significant in
embankment roads on northern section. It was also revealed through this research that
design changes in response to complaints of civilians and geological conditions were
significant causes of variation orders.

Arain and Pheng (2006a) studied 53 factors that caused variation orders in
institutional buildings in Singapore. The study divided these factors into four
categories based on the origin of variation orders; i) owner related factors; ii)
consultant related factors; iii) contractor related factors; and iv) other factors. The
study results indicated that errors and omission in design, change in specification by
owner, design discrepancies, change in specifications by consultant, and
noncompliance design with governmental regulation considered were the most
significant causes of variation orders.

Amiruddin et al. (2012) examined the 26 factors that cause variation orders in road
construction projects in Iran. Using the mean score method to rank the causes on a 5
point Likert scale of 1-Strongly disagree to 5-Strongly agree, the results of the study
disclosed that change of plans or scope by the owner was identified as the greatest
cause of variation orders from all the viewpoints. Errors and omissions comes second
under the ranking while both differing site conditions and contractors financial
difficulties jointly take the third position in the order of the causes of variation orders.
Jointly following this on the same ranking scale are weather condition and conflict in
the project site, these two occupy the fourth ranked cause of variation order.
Following this is the owners financial problem which occupies the 5th rank. Value
engineering and quality improvement jointly occupy the 6th most important factor
causing variation order. The least factor responsible for variation order from the
perspective of all the groups is acceleration of work.

2.7 Potential Effects of Variation Orders

Various authors have identified different effects of variation orders in construction

projects in the literature that was reviewed for this study. There are 16 major potential
effects of variation orders on construction projects. The effects that were determined
are as tabulated in Table 2-2;

15
Table 2-2: Potential Effects of Variation Orders

S/N Effects of Variation Identified Author

1 Progress Degradation Arain and Pheng (2005b); Assaf et al. (1995)
2 Cost Overrun Assaf et al. (1995); CII (1990); Clough and Sears
3 Hiring new professional (1994)
Arain and Pheng (2005b); CII (1995); Fisk (1997)
4 Increases in Overhead Expenses Arain and Pheng (2005b); O'Brien (1998)
5 Delays in Payment CII (1990, (1995)
6 Quality Degradation Fisk (1997)
7 Productivity Degradation Hester et al. (1991); Moselhi et al. (2005); Reichard
and Norwood (2001); Thomas and Napolitan (1994)
8 Procurement Delay Arain and Pheng (2005b); Hester et al. (1991); O'Brien
(1998)
9 Rework and Demolition Arain and Pheng (2005b); Clough and Sears (1994)
10 Logistics Delays Arain and Pheng (2005b); Fisk (1997); Hester et al.
(1991)
11 Damage to Firms Reputation Arain and Pheng (2005b); Fisk (1997); Kumaraswamy
et al. (1998)
12 Poor Safety Conditions Arain et al. (2004); Arain and Pheng (2005b)
13 Poor Professional Relations Fisk (1997)
14 Disputes among Professionals Arain et al. (2004); CII (1986b)
15 Additional Payments for Contractor Arain (2005); O'Brien (1998)
16 Time Overrun Ibbs (1997); Kumaraswamy et al. (1998); Reichard and
Norwood (2001); Zeitoun and Oberlender (1993),
Source: Author (2013)

Koushki et al. (2005) studied delays and cost increases in the construction of private
residential projects in Kuwait and revealed that a number of variation orders issued
during the construction phase led to both delays and cost increases. The projects that
experienced variation orders incurred more than 58% time delay and cost increases
when compared to those with no variation orders. In his study of causes, effects and
control of variation orders in large building constructions projects in Malaysia, Randa
et al. (2009) indicated that cost overruns due to variations were in the magnitude of
5-10% of the original contract sum and that the schedule slippage was less than 10%
of the original contract duration. According to Hsieh et al. (2004), 10-17% ratio of
change order cost to total project cost is related to metropolitan public works in
Taiwan.

Assaf and Al-Hejji (2006) studied the causes of delay in large construction projects in
Saudi Arabia, the results of the study indicated that most common cause of delays
identified by all three parties of the project was variation orders. Zaneldin (2006)
studied the types, causes, and frequency of construction claims in Dubai and Abu
Dhabi in the UAE using data from 124 claims for a variety of projects. The study

16
results indicated that the variation order claims were the most frequent type of
claims with an important index of 60.5% and variation order was the most frequent
cause of claims with an important index of 55%. Kumaraswamy et al. (1998) studied
claims for extension of time due to excusable delays in Hong Kongs civil
engineering projects. Their findings suggested that 15-20% time over run was mainly
caused by inclement weather, 50% of the projects surveyed were delayed because of
variations.

Ndihokubwayo and Haupt (2009) studied effects of variation orders in building

projects in the Western Cape Province of South Africa and using a 5 point Likert
scale of 1- Never to 5- Always to rank the most important impacts of variations,
revealed that time and cost overruns ranked the highest with a mean score of 4.0.
Even as dispute between parties to the contract ranked the third most important effect
of variation orders with a score of 3.7. Amiruddin et al. (2012) also used 5 point
Likert scale method to rank the effects of variation orders in road construction
projects in Iran. The scale he adopted was 1- strongly disagree to 5- strongly agree.
Accordingly, it was revealed that delay in completion schedule is the most visible
effect of variation orders with a mean score of 4.2 whereas, increase in project cost
and disputes between owner and contractor were, the second and third important
effects of variation orders in Iran with mean scores of 3.9 and 3.8 respectively.

In Kenya, Msafiri (2006), attributed delays in road construction projects to change in

design by engineers among other factors. Separately, Choge and Muturi (2014)
studied the factors affecting adherence of cost estimates in projects of Kenya National
Highways Authority and disclosed that among the five factors considered, design
variations was the most critical one. Moreover, individual projects completion
reports provided an insight into the extent of the effects of variation orders on
construction projects. According to ADB (1998), in the Third Nairobi Water Supply
Project, the Thika Dam component was a subject of major design and construction
modification due to the unexpected geological conditions encountered during the
construction. These modifications led to variation orders and subsequently quantity
increases with associated cost and time overruns of 70% and 32% respectively.
Elsewhere, KRB (2002) reported that the repair and resealing of Timboroa-Meteitei-
Sanghor-Awasi road contract RD 0330 was awarded in 1997 and schedule for
completion in 1999. The initial scope of work was based on design data collected in

17
1994.However, the commencement of this project coincided with El-Nino rains that
caused further deterioration of the road. The scope of the works was on these grounds
revised to repair and construction. Thus, the contract sum was revised upwards by
151% while the contract period revised by 43 months (179%) through a variation
order dated June 2001. Last but not least, Andrew (2013) reported that, the NWCPC
through a letter referenced NWCPC/CON/FIL/444/VOL.V11/81 varied the works at
Badasa Dam in Marsabit County, which is a Vision 2030 flagship project tendered for
KS. 1.7 billion in 2009 by KS. 1.9 billion (112%) due to original design flaws and
unexpected geological conditions. The project was due for completion by 2011but has
stalled and the contractor has moved to court to seek redress on the pending fees and
liquidated damages levied by NWCPC.

2.8. Valuation of Variations

Singh Harbans (2003); Wainwright and Wood (1983) concur that the valuation of
variation orders may be in the form of:

1) Rates where contracted rates are adopted where the varied works are of similar
character and extent and executed under similar conditions to items in the contract
bills

2) Day works which consist of the payment of executed works on a basis calculating
the prime cost of works including materials, labour, plant hire and transport plus a
percentage addition as agreed between parties to the contract

3) Quotation where contractors submit a quotation to effect the work contained in a

variation order; and

4) Quantum meruit is a miscellaneous method where negotiated or agreed rates or

payment are made on a reasonable sum.

2.9 Factors Influencing the Occurrence of Variations

Arain and Pheng (2005a) contend that the frequency of occurrence of variations vary
from one project to another depending on various factors. Ndihokubwayo and Haupt
(2008) identified the factors influencing the occurrence of variation orders as; the
nature of the works, the complexity of the project and the procurement method.

18
2.9.1 Nature of the Works

According to Ndihokubwayo and Haupt (2008), construction projects that involve

extensive unforeseen conditions are likely to generate variation orders. For example,
civil works involving bulk earth excavation and building works that include specialist
works beyond the expertise of the designer cannot accurately be determined before
works commence on site. Drawings and specifications do not always show the real
site conditions nor do preliminary investigations. Despite this situation, it is common
that works commence on site while some trades and building elements still need to be
completely designed or detailed. Consequently, contracts contain provisional
quantities and sums that will be subject to future adjustment. Uyun (2007) concedes
that the presence of provisional quantities or sums in a contract is a clear indication of
the likely occurrence of variation orders in a project.

Gidado (1996) points out that there are four major possible causes of project
uncertainty, namely:

1) Lack of complete specification for the activities to be executed;

2) Unfamiliarity with the inputs and/environment by management;

3) Lack of uniformity, such as when material to be worked with varies with place
and time or teams working together vary with place and time or the role of the
teams keeps varying with place and time.

4) Unpredictability of the environment, such as the effect of weather and

refurbishment of very old buildings having no record drawings.
2.9.2 Complexity of the Project

Gidado (1996) asserted that project complexity is attributed to the continuous demand
for speed in construction, cost and quality control, health and safety in the work place
and avoidance of disputes, together with technological advances, economic
liberalisation and globalisation, environmental issues and fragmentation of the
construction industry. Baccarini (1996); Ireland (2007) concurred that two types of
project complexity are distinguished, namely organisational or management
complexity and technological or technical complexity.

According to Ireland (2007) the degree of project complexity is classified as low,

medium and high complexity. The greater the project complexity, the greater the

19
likelihood of variation order occurrence. Ndihokubwayo and Haupt (2008) noted that
variation order issued due to the complexity of the design may take time for the
design team to understand the required change and redesign while works on site are
put on hold.
2.9.3 Procurement Method

According to Love (2002), the path followed to deliver the project differs from one
project to another. Typically, this is a procurement method that stipulates the form of
contractual arrangement between participants or parties to the contract. One type of
procurement method may result in more variation orders than another. For example,
non-traditional procurement methods are subject to greater occurrence of errors,
omissions and changes than the traditional methods.

2.9.3.1 Traditional Method

Ashworth (1998) contended that traditionally, an employer who wished a project to be

constructed would invariably commission a designer or design team to prepare
drawings of the proposed scheme and, if the scheme was sufficiently large, employ a
quantity surveyor to prepare documentation, such as bills of quantities, from which
the contractor could prepare a bid price. Since the works commence on site when the
design is complete, the occurrence of variation orders in this arrangement is
minimised. Koushki et al. (2005) concurred that clients who spent more time and
money on the design phase issued less variation orders than those who allocated
insufficient money and time to this phase. Turner (1990) was of the view that the
more time spent on completing the contract documents before commencement of
works, the more likely the avoidance of discrepancies between the contract
documents, errors and omissions into the design. Consequently, there is less variation
orders. Since clients and their consultants control the origin of variations, variations
should not occur if pre-construction design has been good.

2.9.3.2 Non-traditional Methods

Ashworth (1998) noted that changes in procurement methods are the result of a move
away from the craft base to the introduction of off-site manufacture, the use of
industrialised components, the wider application of mechanical plant and equipment,
the improved knowledge of production techniques, the recognition that involvement
of the contractor into both the design and the way works are carried out on site will

20
result into quality of finished works. For example, design and construct procurement
methods where the contractor is responsible for the design and construction are
deemed to overcome the problem of variation order occurrence.

Ashworth (1998) further stated that the involvement of contractors into the design is
an opportunity for them to use specialised knowledge and methods of construction
evolving from their own design and as a result, there is less scope for variations than
with the design and construct approach. The package deal procurement method
requires the client to view completed projects of a specific design and choose a
suitable project or design from the catalogue. Owing to the completeness of the
design, this procurement method is less prone to variation orders.

Ashworth (1998) recommended that the fast track procurement method is appropriate
for situations where the client targets the shortening of the overall design and
construction process. When the design for the whole section of the works, such as
foundations, is completed the work is then let to the contractor, who will start this part
of the construction work on site while the remainder of the project is still being
designed. Turner (1990) warned that variations should be expected on construction
projects that lack pre-design. Variation orders resulting from design errors and
omissions can be problematic where construction overlaps the design.

2.10 Theoretical Framework

This study was modelled on the Demings theory of Profound Knowledge which is a
management philosophy grounded on the system theory. It is based on the principle
that each organization is composed of a system of interrelated processes and people
which make up systems components. According to Berry (2013), the success of all
workers within the system is dependent on managements capability to orchestrate the
delicate balance of each component for optimization of the entire system.

Berry (2013) stated that the Demings theory of Profound Knowledge is made up of
four interrelated components:

1. Appreciation of a system

2. Theory of knowledge

3. The psychology of change

4. Knowledge about variation

21
Berry (2013) emphasized that the four components cannot be separated. Knowledge
of psychology, variation, theory of knowledge and appreciating the processes of a
system must be managed with a delicate balance. They make up systems.

Berry (2013) noted that variation is a natural, inevitable part of life. The goal of
quality or continuous improvement is to reduce the range of variation over time, in
addition to adjusting the process level to the desired level. Almost all variation within
a process is due to chance causes, inherent in the design of the process. Management
controls the design of the process. People within the system are limited by that design.

According to EdwardDemingInstitute (2014), in any business, there are always

variations, between people, in output, in service and in product. Drawing on his
training as a statistician and the ground-breaking statistical theories of his mentor,
Walter Shewhart of Bell Laboratories, Dr Deming located two types of variations
within a systemcommon cause and special cause. Common cause variations are
problems built right into the system, such as defects, errors, mistakes, waste and
rework. In a stable system, common cause variation will be predictable within certain
limits. On the other hand, special cause variations represent a unique event that is
outside the system, such as a natural disaster, or an unexpected strike by public
transportation workers.

EdwardDemingInstitute (2014) observed that distinguishing the difference between

variations, as well as understanding its causes and predicting behaviour, is key to
managements ability to properly remove problems or barriers in the system.
However, without knowledge of variation, management might very well (with the
very best intention) take action that actually makes things worse. Just as important,
through knowledge of variation, management realizes that attributing a problem to a
person, instead of the system, is misguided and misleading.

As adopted in this study, the civil construction industry in Kenya is a system, while
the client, consultants, contractor are components of the system. Therefore, the causes
of variation attributable to the three parties are considered to be common causes that
are inherent within the system, even as the causes of variations that cannot be
attributed to the tree parties such as inclement weather, differing site conditions,
technology changes, socio-cultural factor, environmental factors, change in

22
government regulations, economic change etc. are considered to be special causes
from outside the system but influencing it.

Figure 2-2: Variation Control Chart

Source: Design4service.com (2014)

However, in adopting the theory of profound knowledge grounded on the systems

theory, the researcher is not ignorant of its shortcomings in the civil construction
industry. This theory requires a shared vision and a common goal where all the parties
i.e. the client, contractor and consultant to work cohesively for the benefit of all. This
is a task that is not easy to achieve in civil construction projects where most often, the
client and contractor adopt an antagonistic approach to issues and the consultant as
the clients agent seldom plays an impartial role in this relationship.

2.11 Conceptual Framework

Mugenda and Mugenda (1999) define conceptual framework as a concise description

of the phenomenon under study accompanied by a graphical or visual depiction of the
major variables of the study. Conceptual frameworks play an important role in
understanding social phenomena and therefore can also play a role in policy research
analysis. Conceptual frameworks can also be useful for understanding the nature of a
policy problem, the important elements and relationships and the hidden assumptions
embedded in the policy problem definition and solutions.

In this study, the origin agents of variations namely, clients, consultants, contractors
and the other are the independent variables. From the origin agents, different types
of variations namely additional work, omission from work, change to sequence and

23
timing of work, change to quality/characteristics of the work and change to
levels/position / dimension of the work arise. In this study, these types of variations
are the intervening variables.

Depending on the type of variation that occurs in a project, one or a combination of

the following effects could be experienced; cost overruns, contractual disputes and
claims, time overruns, increase in overhead costs, progress degradation, quality
degradation, demolition and rework, productivity degradation, procurement delays,
and delays in payment are considered dependant variables.

The moderating variables for the study were considered to be procurement method,
project complexity, and nature of work. These variables influence the occurrence of
different types of variation in a project.

Independent Intervening Dependent

Variables Variables Variables

Additional work Cost overruns

Omission from work Time overruns

Change to sequence of Progress degradation

Clients Quality degradation
work
Consultants Demolition and rework
Change to
Contractors Productivity degradation
quality/characteristic of
Others Procurement delays
work
Change to Delays in payment

levels/position of work Contractual claims and

disputes

Moderating
Variables

Procurement method
Project complexity
Nature of works

Figure 2-3: Conceptual Framework

Source: Author, (2013)

24
 CHAPTER THREE

3.0 RESEARCH DESIGN & METHODOLOGY

3.1 Introduction

Chapter three outlines plan of action that shows how the problem was investigated,
what information was collected using which methods, and how this information was
analysed in order to accomplish the study objectives. The chapter is organized around
five major topics, namely: research design, population and sample, pilot study, data
collection and instruments, and data analysis.

3.2 Research Design

This study was conducted through a survey research design with a combination of
both quantitative and qualitative research strategies. According to Geoffrey et al.
(2005) survey studies ask large numbers of people questions about their behaviours,
attitudes, and opinions. Some surveys merely describe what people say they think and
do.

Geoffrey et al. (2005) argues that the principal advantage of survey studies is that
they provide information on large groups of people, with very little effort, and in a
cost-effective manner. Surveys allow researchers to assess a wider variety of
behaviours and other phenomena than can be studied in a typical naturalistic
observation study.

According to Mugenda and Mugenda (1999), the combination of qualitative and

quantitative methods is advantageous because they supplement each other in that
qualitative methods provide the in-depth explanations while quantitative methods
provide the hard data needed to meet required objectives. Moreover, since both
methods have some bias, using both types of research helps to avoid such bias in that
each method can be used to check the other. For example, the subjectivity associated
with qualitative analysis research is minimized by the objectivity of quantitative
research. The finding derived from derived from one approach validates the other.

25
3.3 Population and Sample
3.3.1 Population

Mugenda and Mugenda (1999) defined target population as an entire group of

individuals, events, or objects having a common observable characteristics. For this
questionnaire survey study the target population included;

1. All civil engineering consultants registered with the Association of Consulting

Engineers of Kenya (ACEK) and located in Nairobi. According to ACEK, there
are thirty two (32) engineering consultant firms registered under the category of
civil and infrastructure by April 2013. These consulting companies are involved in
road works, bridges, hydropower plants, overhead transmission lines and
substations, water and sanitation, and ports and harbours.

2. All civil construction contractors registered with the ministry of public works of
Kenya (MoPW) under class A and B, and located in Nairobi. Data from MoPW
showed that there are fifty one (51) registered civil contractors under category A
and B as of April 2013.

3. All clients in the public sector involved in civil construction projects, with their
headquarters in Nairobi. A perusal of the government ministries websites showed
that there are at least twelve (12) government parastatals and corporations based in
Nairobi that are involved in civil construction projects currently underway or
completed.

This target population was chosen because of time and financial limitations of the
study.

3.3.2 Sample and Sampling Technique

The rule of thumb is to obtain as big a sample as possible. However, resources and
time are major constraints in deciding on the sample size to be used. Mugenda and
Mugenda (1999) provided the following formula for determination of the sample size;

Equation 1

26
Where: N total number of population; nf sample size from finite population; n
sample size from infinite population = S/V; where S2 is the variance of the
population elements and V is a standard error of sampling population (Usually S = 0.5
and V = 0.1 for 90% confidence interval).

James (2008) clarifies that the finite population correction (fpc) factor which in this
study is denoted n is used to adjust a variance estimate for an estimated mean or total,
so that this variance only applies to the portion of the population that is not in the
sample. That is, variance is estimated from the sample, but through the fpc it is used
to assess the error in estimating a mean or a total, which is due to the fact that not all
data from the finite population are observed.

The target population, N was 12 for clients, 32 for consultants, and 51 for contractors.
Therefore, the minimum sample size was 11, 25, and 34 for clients, consultants, and
contractors respectively. However, Mugenda and Mugenda (1999) recommended that
a representative sample needs to be a minimum of 30 items. Therefore, taking that
into consideration and also to carter for the would-be nonresponsive respondents, this
study sampled the entire target population of 12 clients, 32 consultants, and
51contractors.

3.4 Data Collection Instruments

In this study, questionnaires were used as the main instrument for collecting data.
Kumar (2006) describes a questionnaire as a form which is prepared and distributed
for the purpose of securing responses. Generally these questions are factual and
designed for securing information about certain conditions or practices, of which
recipient is presumed to have knowledge. The selection of this tool was guided by the
nature of data to be collected, the time available as well as by the objectives of the
study. The overall aim of the study was to evaluate the causes and effects of variation
orders in civil construction projects in Kenya. Willis and Onen (2009) recommend
that when the researcher is mainly concerned with the views, opinions, perceptions,
feelings and attitudes of the respondents, such information can be best collected
through the use of questionnaires.

According to Kothari (2004) the merits of questionnaire method are as follows;

1)There is low cost even when the universe is large and is widely spread
geographically; 2) It is free from the bias of the interviewer; answers are in

27
respondents own words; 3) Respondents have adequate time to give well thought out
answers; 4) Respondents, who are not easily approachable, can also be reached
conveniently and 5) Large samples can be made use of and thus the results can be
made more dependable and reliable.

3.4.1 Questionnaire Format

In this study three sets of questionnaires, X, Y and Z were administered to collect data
from consultants, clients and contractors respectively and are listed in Appendices
A,B and C correspondingly. However, the three sets of questionnaires are similar in
structure except for the open ended question section i.e. Section D, where the client,
consultant and the contractor were required to answer different sets of questions. Each
questionnaire was divided into four sections. Section A sought background
information about respondents; section B focused on origin agents and causes of
variation orders; section C examined the effects of variation orders while section D
was an open ended section were the respondents were prodded to give more details on
their respective experiences with variations .

Structured or Closed-ended questions: In section A through to section C, of the

questionnaires, the respondents were restricted in the way they answered the questions
as they were required to select one answer from among the given ones. These types of
items refer to questions which are accompanied by a list of all possible alternatives
from which a respondents select the answer that best describes their situation.
Mugenda and Mugenda (1999) notes that in many cases it is impossible to exhaust all
the categories since a researcher may not know all possible answers. In such cases it is
customary to include a category called others to take care of all those responses
which may not fit in the given categories.

Unstructured or Open-ended questions: In section D of the questionnaire,

unstructured questions were asked. Mugenda and Mugenda (1999) noted that these
are questions which give the respondent complete freedom of response, hence permit
an individual to respond in his or her own words.

According to Ranjit (2005), an open-ended question is a qualitative enquiry aiming at

minimising the imposition of predetermined responses when gathering data whereby
people can respond in their own words.

28
Ranjit (2005) argues that open-ended questions provide a wealth of information
provided respondents feel comfortable about expressing their opinions; provide the
respondents an opportunity to express themselves freely resulting in a greater variety
of information; virtually eliminate the possibility of the investigator's bias.

3.5 Data Collection Procedure

Once the questionnaires had been finalized, they were subjected to pre-testing.
Mugenda and Mugenda (1999); Walliman (2005) concur that pre-testing must be
done on a selected sample that is similar in characteristic to that of the actual sample
intended for the study. The procedures for pretesting were identical to those that were
used during the actual data collection so as to anticipate any problem of
comprehension or other sources of confusion, thus enhancing the reliability of the
instrument. According to Mugenda and Mugenda (1999) the number of cases in the
pre-test should not be very large. It should be between 1% and 10% depending on the
sample size. This study adopted 5% of the sample size for the pilot study. A total of
nine questionnaires were distributed to the likely respondents in the actual survey
between 3rd and 20th July 2013. The objective of the pilot study was to verify the
completeness of the questionnaires.

The following items are a summary of the major observations and modifications
based on the pilot study:

1. The following factors were added to the causes: Lack of coordination between
international and local designer; Interference of donors in project requirements; delay
in land acquisition/ compensation and environmental considerations.

2. Some questions were omitted from questionnaire as suggested by the respondents.

These questions were considered impractical or unrealistic with respect to the unique
situation of construction projects in Kenya: Fast track construction; honest wrong
belief of consultant; honest wrong belief of contractor; obstinate nature of the
consultant; long lead procurement; obstinate nature of client.

3. The following questions were omitted from the effects of variation orders: Damage
to firms reputation; hiring new professionals; and poor safety conditions.

4. Some factors were merged or rearranged in order to give more suitable and
consistent meaning.

29
Subsequently, a few amendments were necessary as a result of either non-responses
or improperly answered questions. A final version of the questionnaires were
produced as listed in Appendices A, B and C.

A brief covering letter was prepared for every questionnaire. The letter contained a
brief about the research, explaining the purpose of the study and assuring the
respondents of anonymity and signed personally. To encourage the respondents to
complete the questionnaires and mail them back, a stamped, addressed envelope was
mailed together with the questionnaire. The name of participant organisations and
individuals was not recorded on research instruments. However, the questionnaires
were coded so as to know from which respondent the returned questionnaires are
from. No compensation was paid to any respondent or participant in the study. The
questionnaires were dispatched on the 6th August 2013 through postal mail.

3.6 Data Analysis Procedure

Using two software packages namely, Microsoft Excel 2007 and Statistical Package
for Social Sciences (SPSS) v20, the data collected was analysed both qualitatively and
quantitatively.

3.6.1 Qualitative Analysis

Qualitative analysis was used to analyse data captured in Section D of the

questionnaire. According to O'Leary (2004), the analysis of qualitative data consists
of abstracting from the raw data all points that a researcher considers to be relevant to
the topic under investigation. Qualitative data is analysed thematically. Thematic
analysis can include analysis of words, concepts, literary devices, and/or non-verbal
cues. The responses to the open ended questions were recorded in Microsoft Excel
and categorised such that similar reasons were grouped together.

3.6.2 Quantitative Analysis

In this study, quantitative analysis was used to analyse data captured in sections A, B,
and C of the questionnaire. Walliman (2005) noted that quantitative analysis uses the
syntax of mathematical operations to investigate the properties of data. Quantitative
data is analysed statistically. Statistical analysis can be:

30
3.6.2.1Descriptive

Walliman (2005) states that descriptive statistics provide a method of quantifying the
characteristics of the data, where their centres is, how broadly they spread and how
one aspect of the data relates to another aspect of the same data. In this study,
frequency (percentages) was adopted as the method of analysis to address objective 1
as stated in section 1.6 of Chapter One.

To address objectives 2 and 3 as stated in section 1.6 of Chapter One, the data from
Section B and C were analysed using the Relative Importance Index (RII).
Sambasivan and Soon (2007) recognizes that the RII method was adopted for similar
studies to determine the relative importance of various factors. The RII method
adopted for this study to determine the relative importance of the various causes and
effects of variation orders based on responses from various groups; clients,
consultants, and contractors. The five point Likert scale ranged from 1 (Least
Frequent) to 5 (Extremely Frequent) for causes of variation orders and from 1 (Never)
to 5 (Always) for effects of variation orders was adopted and transformed to relative
importance index using the following equation:

Equation 2

Where: W = the weight given to each factor by the respondents, ranges from 1 to 5;
A = the highest weight = 5;
N = the total number of respondents.

3.6.2.2 Inferential

In this study, Kendalls coefficient of concordance was used to test the correlation of
consultants, clients and contractors opinion on the causes and effects of variation
orders on civil construction projects in Kenya.

Kothari (2004) argues that Kendalls coefficient of concordance is an important non-

parametric measure of relationship used for determining the degree of association
among several sets of ranking of objects or individuals. When there are only two sets
of rankings of objects, Spearmans coefficient of correlation is applicable, but

31
Kendalls coefficient of concordance is considered an appropriate measure of
studying the degree of association among three or more sets of rankings.

The procedure for computing and interpreting Kendalls coefficient of concordance

(W) is as followsKothari (2004):

..Equation 3

Where

N = number of objects ranked;

K= number of sets of rankings i.e., the number of judges;

= ranks assigned by k judges and = Absolute mean of ranks

3.7 Quality Control

3.7.1 Validity

Mugenda and Mugenda (1999) define validity as the accuracy and meaningfulness of
inferences, based on the research results. In other words, validity is the degree to
which results obtained from the analysis of the data actually represent the
phenomenon under study.

Validity was achieved in this study by adopting the random sampling method.
Mugenda and Mugenda (1999) state that external validity of a study has to do with
representativeness of the sample with regard to the target population. External validity
refers to degree which research findings can be generalized to populations and
environments outside the experimental setting.

3.7.2 Reliability

Mugenda and Mugenda (1999) reckon that reliability is a measure of the degree to
which a research instrument yields consistent results or data after repeated trials.
Reliability in research is influenced by random errors. As random error increases,
reliability decreases.

32
Mugenda and Mugenda (1999) reiterate that there are four different methods of
assessing reliability in data and these four are: test-retested, equivalent form, split-half
and internal consistency. In this study, the internal consistency method was used. The
Cronbachs Coefficient Alpha was computed to determine how items correlate among
themselves. The Cronbachs alpha coefficient is calculated as follows:
...Equation 4

Where = Cronbachs Coefficient Alpha,

K = the number of items considered, and

r = the mean of the inter-item correlations the size of alpha is determined by

both the number of items in the scale and the mean inter-item correlations.

George and Marllery (2003) provided a commonly accepted rule of thumb for
describing internal consistency using Cronbach's alpha is as follows:

Table 3-1: Cronbach's Consistency Alpha

Cronbachs Coefficient Alpha Internal Consistency Remarks

0.9 Excellent
0.7 < 0.9 Good

0.6 < 0.7 Acceptable

0.5 < 0.6 Poor

< 0.5 Unacceptable

Source: George and Marllery (2003)

The Cronbachs alpha coefficient was calculated and the subsequent relationship
between the individual items and the overall scale was examined. Table 3-2 shows the
results obtained.

Table 3-2: Cronbach's Alpha Results

Question Q7 Q8 Combined

Number of Items 30 10 40

Cronbachs Alpha 0.81 0.63 0.77

Source: Author (2013)

33
3.8 Ethical Considerations

Precautions were taken to ensure that the study was carried out in an ethical manner.
First and foremost the study was carried out with the full consent of the board of
postgraduate studies of the Jomo Kenyatta University of Agriculture and Technology.

Secondly, the study ensured that there was informed consent by the potential
participant by drafting a cover letter that explained the aim of the study and went
further to provide the authors contacts for further clarification.

Thirdly, the study ensured that the participants anonymity and confidentiality were
preserved by not requesting for information that would reveal their identity.
Moreover, the information provided was used for academic purposes only.

Last but not least, the study encouraged voluntary participation and respondents were
not coerced or enticed to participate in the study.

3.9 Field Study Constraints

Despite the fact that the respondents were provided with stamped envelopes to
encourage response, the initial rate of return was low (about 35%). Six weeks after the
questionnaires had been dispatched it was concluded that no more response would be
forthcoming through the postal mail, hence a process of identifying the nonresponsive
companies commenced. This was possible because all the questionnaires had been
coded according to the intended respondent. Based on this list, the companies were
phoned to inquire about their willingness to participate after which appointments were
booked to self-administer the questionnaires. Through this intervention the rate of
return rose to 78%. It is worth noting that some nonresponsive respondent companies
could not grant an appointment for self-administration of questionnaires hence their
opinions could not be captured in this study. However, this does not affect the
outcome of the study since the achieved rate of rate was sufficient to arrive at reliable
conclusions.

34
 CHAPTER FOUR

4.0 DATA ANALYSIS AND DISCUSSIONS

4.1 Introduction

This study investigated the causes and effects of variation orders in civil engineering
construction projects in Kenya. The data collected was analysed using Microsoft
Excel 2007 and the Statistical Package for Social Scientists (SPSS) version 20. The
data analysis and discussion was carried out and organised according to the research
objectives of the study. The analysis output was presented in form of figures and
tables. The major findings were inferred and the results compared to the literature
review.

4.2 Nature of Variation Orders in Civil Engineering Construction Projects in

Kenya

The first objective of this study was to examine the nature of variation orders in civil
engineering construction projects in Kenya. To achieve this objective, the study
sought to establish who the origin agents of variation orders are and what aspects of
variations exist in civil construction projects in Kenya.

4.2.1 The Origin Agents of Variation Orders in Civil Engineering Construction

Projects in Kenya.

The respondents were asked to select one origin agent of most of the variation orders
in their projects from a list of four choices namely; Client, Consultant, Contractor and
Other, where other meant agents that are not related to the three contracting
parties in a construction project. The results in Figure 4-1 suggest that the client is the
most predominant origin agent of most variation orders at 55% whiles the least
predominant was the category of other at only 5%.

35
Figure 4-1: Origin Agents of Variation Orders in Kenya.

Source: Author (2014)

This finding indicates that the client is the major origin agent of variation orders in
civil engineering construction projects in Kenya. This is because despite the
involvement of the client in the pre-construction planning stage of a project it is at
times difficult to determine the exact requirements of the client. If the objectives of
the project are inadequately defined in the project brief, it is common that clients will
tend to change their mind along the way. These changes may include replacement of
materials, change of design, scope and schedule of works. Moreover, according to
KACC (2007) the responsibility of the client during the preconstruction stage such as
the acquisition of right of way if left to spill into the construction stage always lead to
corridor realignment, necessitating redesign and subsequently variations.

This finding that the client is the most predominant origin agent could also mean that
despite the presence of the consultant as the overseer of construction project on behalf
of the client, the client seems to be wielding more powers when it comes to issuance
of site instructions on technical issues and not letting the consultant execute his
mandate.

The fact that most clients for civil construction projects in Kenya are government
ministries and authorities with fully operational design departments where project

36
designs are issued instead of outsourcing the services of consultants for the same
could be an explanation to the high score of the client as an origin agent of variation
orders. This is because since the client assumes the design role, discrepancies in
design leading to variations are blamed on the client rather than consultant.

On the other hand, in case errors, omissions or discrepancies are found in the design
or a conflict is discovered between the contract documents, it is the duty of the
consultant to provide a remedial solution. A contractor who finds a problem to
interpret ambiguous design details and inadequate working drawings notifies the
concerned consultant as soon as possible. A contractor cannot proceed with work
where ambiguous situations arise unless the consultant issues an instruction which
might at times constitute a variation order. This explains the reason behind
contractors dismal contribution towards variations with a score of 12%.

The least contributor to variations was under the category of other with a score of
5%. In this category are factors that are not under the control of any of the contracting
parties namely; client, consultant and contractor. In this category, the respondents
listed inclement weather conditions and socio-cultural factors as the origins of
variations.

The finding the client is the most predominant origin of variations is in concurrence
with the views of previous researchers Al-Dubaisi (2000); Ndihokubwayo (2008);
Oladapo (2007); Randa et al. (2009) who in their various studies revealed that indeed
the client is the major origin agent of variation orders. However, this finding is
contrary to that of Olsen et al. (2012) who found that the designer (consultant) is the
major origin agent of variation orders by contributing 67%, while the client
contributed 29%.

4.2.2 The Aspects of Variation Orders in Civil Construction Projects in Kenya

The respondents were asked to select the most common aspect of variation orders in
their projects from a list of five, namely additional work; omission from work; change
to the quality or other characteristic of any item of the work; change to the sequence
or timing of execution of the work; and change to the levels, positions and/or
dimensions of any part of the work.

37
The Figure 4-2 records the aspects of variation orders. The majority of the variation
orders issued involved additional work with a score of 58%, even as change to the
levels, positions and/or dimensions of any part of the work recorded only 1%.

Figure 4-2: Aspects of Variation Orders in Kenya

Source: Author (2014)

Additional works are the result of the failure by client to provide a clear and
comprehensive brief with the result that client changes emerge during the construction
stage. In addition, additional works are also the result of the failure by the consultant
to produce complete design resulting in more details being required during the
construction stage.

Omission from work is the second largest contributor to variation orders in civil
construction projects in Kenya at 19%. Due to budgetary constraints the client may
choose to reduce the scope of his project to meet the shrinking financial capability.
Further, during the construction phase of a project, some project objectives might be
rendered irrelevant hence necessitating the reduction of scope by the client.

Change to the quality and other characteristics of any item of work occupies the third
position as the most common aspect of variation, contributing to 15% of variation
orders civil construction projects in Kenya. Substituting materials during construction

38
phase is a common occurrence in the construction industry. This could be as a result
of new and superior materials becoming available in the market, or due lack of the
specified material in the market or simply due to the change of mind on part of the
client or the consultant.

This finding is in agreement with that of Ndihokubwayo (2008) who found that
additional work is the major aspect of variation orders, contributing to 71% of all the
variations. Compared to 58% for the case of additional work in civil construction
projects in Kenya, it give the impression that though projects in Kenya experience
scope creep, they do at slightly controlled environment than in South Africa.

4.3 Factors that Contribute to Variation Orders in Civil Engineering

Construction Project in Kenya.

The second objective of this study was to determine the factors that contribute to
variation orders in civil construction projects in Kenya. In order to achieve this
objective, the study set out to determine what the ten most important factors
contributing to variation orders are and to compare the clients, consultants, and
contractors perspective on the factors causing variations.

4.3.1The Most Important Factors Causing Variation Orders in Civil Engineering

Construction Projects in Kenya.

The respondents were asked to rate each potential cause based on his/her professional
judgment and using the following scale, Least frequent = 1; Slightly frequent = 2;
Moderately frequent = 3; Very frequent = 4; Extremely frequent = 5. As illustrated in
Table 4-1, it was possible to rank the causes of variation orders by way of the Relative
Importance Index (RII).

The ten most important causes of variation orders in civil construction projects in
Kenya were found to be: 1) Delay in land acquisition/compensation, 2) Differing site
conditions, 3) Change of plans or scope by client, 4) Change of schedule by the client,
5) Lack of coordination between overseas and local designers, 6) Change in design by
consultant, 7) Inclement weather conditions, 8) Errors and omissions in design, 9)
Unavailability of materials and equipment, and 10) Conflict between contract
documents.

39
On the other hand, the five least important causes of variation orders were revealed to
be: 1) Technology changes, 2) Value engineering, 3) Change in government
regulations, 4) Contractors financial difficulties, 5) Inadequate project objectives and
6) Change in economic conditions.

Table 4-1: The Most Important Causes of Variation Orders in Kenya

Causes of Variation Orders Overall Client Consultant Contractor

RII Rank RII Rank RII Rank RII Rank

Delay in land Acquisition/ 0.859 1 0.900 1 0.850 1 0.853 1

Compensation
Differing Site Conditions 0.832 2 0.767 2 0.842 2 0.847 2
Change of Plans or Scope by 0.762 3 0.567 12 0.792 3 0.805 3
Client
Change of Schedule by Client 0.751 4 0.717 3 0.783 4 0.742 6
Lack of Coordination between 0.741 5 0.667 6 0.758 5 0.753 4
Overseas and Local Designers
Change in Design by Consultant 0.735 6 0.650 8 0.750 6 0.753 4
Inclement Weather Conditions 0.727 7 0.650 8 0.742 7 0.742 6
Errors and Omissions in Design 0.711 8 0.717 3 0.708 8 0.711 8
Unavailability of Materials and 0.651 9 0.417 21 0.700 9 0.695 9
Equipment
Conflict between Contract 0.651 9 0.717 3 0.633 11 0.642 10
Documents

Source: Author (2014)

The entire ranking of factors contributing to variations in civil engineering

construction projects in Kenya is as attached in Appendix H. Nonetheless, the
discussion of the ten most important factors causing variation orders are amplified as
follows:

4.3.1.1 Delays in Acquisition of Right of Way

Delay in acquisition of right of way is the most important cause of variation orders in
civil engineering construction projects in Kenya. It was ranked first, according to
overall correspondents with RII of 0.859.According to Steven and Daniel (2008), at
the outset of construction, the owner has an implied obligation to provide adequate
and timely access to the construction site. This implied obligation requires both
acquiring the property, whether by purchase or lease, and providing access to the
property for the delivery of contractors equipment and materials.

40
This finding shows that due to government bureaucracy, the clients who in the case of
Kenya are mostly government parastatals and corporations, issue premature notice to
proceed at the beginning of the contract and that the contractor commences work
while the right of way is progressively resolved alongside the works. This is a
common phenomenon in infrastructure projects in Kenya such as roads, water
distribution and transmission lines. In most cases this causes delays and disruption of
work which are responsible for variation in project schedule. In extreme cases, right
of way problems could necessitate rerouting of projects so as to avoid contentious
areas.

4.3.1.2 Differing Site Conditions

Differing site conditions was found to be the second most important cause of variation
order in civil engineering construction projects in Kenya. It was ranked second overall
with RII of 0.832. Samantha (2002) contends that during the construction of a project,
contractors often encounter subsurface or hidden conditions which were not
anticipated and which may have a major impact on the time and cost of performing
their work. However, Steven and Daniel (2008) argue that the owner has an implied
obligation to provide the contractor with complete and accurate information regarding
conditions at the construction site. If the owner has information in its possession
regarding adverse conditions at the site, such as unanticipated geological conditions,
water intrusion, underground pipe or cable, and other types of impediments to the
clearing, grubbing and grading of the site, the owner has a duty to provide that
information to the contractor. An owner can be liable for a differing site condition
claim by the contractor even when the nondisclosure is unintentional.

This finding implies that in civil engineering construction projects in Kenya, the
owners do not learn as much about the site conditions as possible before entering into
the contract (generally in the planning stages) by conducting adequate site or
subsurface investigations through its geotechnical consultant. Moreover, this finding
could be a pointer to the fact that the contractors do not conduct their own
investigations if necessary to confirm the information provided by the owners and its
consultants so as to ensure accuracy.

41
4.3.1.3 Change of Plans or Scope by Client

Change of plans or scope by client was ranked the third most important cause of
variation orders in civil engineering construction projects in Kenya with an RII of
0.762. Samantha (2002) noted that having adequate plans is a fundamental
requirement for construction project. Insufficient plans result in uncertainties in the
work which generally lead to remedial work prior to completion and an increase in the
number of variations in the work. Increased variations in a construction project
generally reduce productivity and efficiency, and increase the chances of construction
claims, especially delay claims.

According to Wally (2012), Spearin doctrine holds that a contractor will not be liable
to an owner for loss or damage that results solely from defects in the plan, design, or
specifications provided to the contractor. Effectively, Spearin created a doctrine
whereby the owner impliedly warrants that the plans and specifications, if followed,
will result in a functioning system. Spearin holds that if a contractor is required to
build according to plans and specifications prepared by the owner (or the owners
representative), then the contractor will not be responsible for the consequences of
defects in the plan.

This finding suggests that in civil engineering construction projects in Kenya, cases of
insufficient plans and lack of scope control is the order of the day. This often leads to
frequent change of plans and scope creep further resulting into additional work,
disruptions or defective workmanship. This finding could also be a suggestion that
contractors do not adequately review plans submitted by the client or his
representative for obvious deficiencies so as to alert the owner and consultant in
respect of any such defects.

4.3.1.4 Change of Schedule by the Client

The fourth most important cause of variation orders in civil engineering construction
projects in Kenya was found to be change of schedule by the client, with an RII of
0.751. Improper scheduling and coordination of the works leads to a disorganized
construction project prone to disputes, claims and considerable losses for all involved.
Proper scheduling and coordination is thus required for a successful and profitable
construction project Samantha (2002).

42
This finding is an indicator that in Kenya, the owners do not give much attention to
scheduling during the planning phase of their projects and thus schedules issued for
construction are always unrealistic leading to acceleration of work where a contractor
must complete its work faster than it had originally planned in the construction
schedule. This has the potential of precipitating claims for additional cost from the
need to replay and re-sequence the work, hire additional workers, work overtime,
accelerate material delivery, obtain additional supervision, or use additional
equipment.

4.3.1.5 Lack of Coordination between Overseas and Local Designers

With an RII of 0.741, lack of coordination between overseas and local designer was
revealed to be the fifth most important cause of variation orders in civil engineering
construction projects in Kenya. According to Alarcn and Mardones (1998), in
construction projects clients requirements, constructive aspects and quality standards
are defined during the design phase. However, this important phase is usually carried
out with little interaction between the construction and design teams causing many
problems during construction such us: incomplete designs, variation orders, rework,
construction delays, etc.

This finding suggest that in large infrastructure projects in Kenya where the design
consultants are foreign based, designs are often done on the basis of foreign standards
and later reviewed locally to conform with the requirements of the local standards and
site conditions. Poor or lack of proper coordination of this process could be
responsible for design deficiencies/omissions and lack of constructability of the
designs leading to high number of variations to suit the local clients requirements.

4.3.1.6 Change in Design by Consultants

The sixth most important cause of variation orders in civil engineering construction
projects in Kenya was discovered to be change in design by consultants, with an RII
of 0.735. Change in design for improvement by the consultant is a norm in
contemporary professional practice Arain et al. (2004). The changes in design are
frequent in projects where construction starts before the design is finalized Fisk
(1997). Design changes can affect a project adversely depending on the timing of the
occurrence of the changes.

43
This finding reveals that indeed projects in Kenya are commenced before the designs
are finalized and approved for construction. This notion was captured by KACC
(2007) who reported that many road projects have commenced on the basis of
preliminary design that turn out to be inadequate leading to redesign as construction
progresses. This further leads to the works progressing without adequate drawing to
guide the construction process and inability of supervisors to control progress and
quality of the works due to frequent design changes. These create an avenue for abuse
by the supervisors and contractors during the implementation process, which may be
in the form of unwarranted variations.

4.3.1.7 Inclement Weather Conditions

Inclement weather conditions was established to be the seventh most important cause
of variation orders in civil construction projects in Kenya, with RII of 0.727. Adverse
weather conditions can affect outside activities in construction projects Fisk (1997);
O'Brien (1998). When weather conditions vary, the contractor needs to adjust the
construction schedule accordingly. According to Mark (2012), this is particularly the
case in situations where the timing or sequence of works can be varied to avoid likely
inclement weather periods where weather patterns can be predicted with reasonable
certainty.

This finding indicate that weather conditions of a particular project locality is never
taken into consideration during the feasibility study or feasibility studies are never
undertaken at all. Though it is compulsory for feasibility studies to be carried out for
public funded projects in Kenya KACC (2007) reported that for some roads projects
no such requirements were met and thus some technical, economic, environmental
and time frame options adopted in the designs turn out to be non-feasible at the
implementation stage leading to negotiations and unjustifiable variation.

4.3.1.8 Errors and Omissions in Design

At the eighth position as the most important causes of variation in civil engineering
construction projects in Kenya was errors and omission in design with RII of 0.711.
Errors and omissions in design are an important cause of project delays Arain et al.
(2004). Design errors and omissions may lead to loss of productivity and delay in
project schedule Assaf et al. (1995). Hence, errors and omissions in design can affect
a project adversely depending on the timing of the occurrence of the errors.

44
This finding suggests that design problems arising from errors and omissions are
common in civil engineering construction projects in Kenya. This fact was reported
by KACC (2007) that in Kenya road design take long to be implemented. As a result,
at the time of implementation, the road conditions are found to have changed
substantially necessitating design reviews. In such cases, consultants are
commissioned to review designs. However, the reviews are open to errors and
omissions through over or under-design or replicating the previous designs which do
not address the prevailing conditions. This necessitates redesign during the
implementation stage, which leads to delays, variations and wastage of public funds.

4.3.1.9 Unavailability of Materials and Equipment

The ninth most important cause of variation orders in civil engineering construction
projects in Kenya was discovered to be unavailability of materials and equipment.
This was ranked ninth with RII of 0.651. According to O'Brien (1998), unavailability
of equipment is a procurement problem that can affect the project completion.
Occasionally, the lack of equipment may cause major design variations or adjustments
to project scheduling to accommodate the replacement.

This finding suggests that feasibility studies are not done hence the design team
proceed to finalize projects designs without knowledge on the availability of
equipment or materials needed for construction in the market. This always leads to
substitution of materials or equipment with the available options through a variation
order. On the other hand, if materials approved are found to be of inferior quality after
testing, a variation is effected to replace them with superior quality materials that are
readily available.

4.3.1.10 Conflict between Contract Documents

Also in the ninth position as the most important cause of variation orders in civil
engineering construction projects in Kenya is conflict between contract documents,
with RII of 0.651. Conflict between contract documents can result in misinterpretation
of the actual requirement of a project CII (1986a). To convey complete project scope
for participants, the contract documents must be clear and concise. Insufficient details
in contract documents may adversely affect the project, leading to delay in project
completion.

45
This finding elaborates the challenge of tender documentation in civil engineering
construction projects in Kenya. Tender documentation is not carried out meticulously
to include comprehensive tender drawings, specifications, conditions of contract, and
bills of quantities that are responsive to the proposed works with a view to minimize
variations later in the contract and to improve contract management.

Table 4-2: The Five Most Important Causes of Variation and their Origin
Agents

Factors Causing Variation Origin Agent

1. Delay in Land Acquisition/ Compensation. Client

2. Differing Site Condition Client

3. Change of Plans and Scope by Client. Client

4. Change of Schedule by Client. Client

5. Lack of coordination between overseas and local designer. Consultant

Source: Author (2004)

In retrospect, a critical look at the top five most important factors causing variation in
civil engineering construction projects in Kenya reveal that the majority of these
factors are client related as illustrated in Table 4-2. This finding further reinforces the
argument that the client is indeed the most predominant origin agent of variation in
civil construction projects in Kenya.

4.3.2 Test of Level of Agreement on Factors Causing Variation Orders

To test the level of agreement between the client, consultant and contractor, the
Kendalls coefficient of concordance was used and the results were as shown in Table
4-3. It was revealed that there was a weak correlation (0.577) between clients and
consultants and between clients and contractors too. Nonetheless, a strong correlation
(0.965) was found between consultants and contractors.

46
Table 4-3: Kendall's Coefficient of Correlation for Causes of Variation Orders

Correlations
Client Consultant Contractor
Correlation Coefficient 1.000 .577** .577**
Client
N 30 30 30
Correlation Coefficient .577** 1.000 .965**
Kendalls tau_b Consultant
N 30 30 30
Correlation Coefficient .577** .965** 1.000
Contractor
N 30 30 30

**.Correlation is significant at the 0.01 level (2-tailed)

Source: Author (2014)

This finding on strong correlation of the views of the consultant and those of the
contractor regarding the causes of variation orders in civil construction projects in
Kenya is baffling given the often perceived adversarial relationship between the two
parties in any given construction project. However, the most striking is the low
correlation between the views of the client and both consultant and the contractor.
This could be interpreted to mean that the client does not fully appreciate the factors
that give rise to variation in his project, hence his immense contribution to the
occurrence of variation orders.

4.3.3 Comparison with Previous Results on Causes of Variation Orders

Table 4-4 shows comparison of causes of variation order between the results of this
study and those of other researchers such as Amiruddin et al. (2012); Halwatura and
Ranasinghe (2013); Ndihokubwayo and Haupt (2008) from the literature reviewed
from Iran, Sri Lanka, and South Africa respectively.

Table 4-4: The Most Important Factors Causing Variation Orders; Comparison
of Kenya, South Africa, Seychelles and Iran.

Rank Kenya South Africa Sri Lanka Iran

Ndihokubwayo Halwatura and Amiruddin et al.
(2008) Ranasinghe (2013) (2012)

1 Delay in land Change of plans Poor estimation Change of plans

Acquisition/ or scope or scope by
Compensation employer
2 Differing Site Change of Poor investigation Errors and
Conditions schedule omissions in
design
3 Change of Plans or Change in Unforeseen site Differing site
Scope by Client specifications conditions conditions

47
 Rank Kenya South Africa Sri Lanka Iran
Ndihokubwayo Halwatura and Amiruddin et al.
(2008) Ranasinghe (2013) (2012)

4 Change of Schedule Change in design Change in design by Contractor's

by Client consultant/design financial
changes difficulties
5 Lack of Coordination Errors and Additional Weather condition
between Overseas and omissions in preliminaries due to
Local Designers design time extension
6 Change in Design by Inadequate Client-initiated Conflict in the
Consultant working drawing variations project site
details
7 Inclement Weather Design Other organizations Employers
Conditions discrepancies financial problems
8 Errors and Omissions Impediment in Errors and omissions Value engineering
in Design prompt decision in design
making process
9 Unavailability of Unforeseen Inadequate scope of Quality
Materials and problems work for contractor improvement
Equipment

10 Conflict between Replacement of Inadequate planning Acceleration of

Contract Documents materials or work
procedures

Source: Author (2014)

It is clear that the ranking of causes of variation in these four countries are different.
This was not completely unexpected because each country has different challenges in
her construction industry. However, factors such as change in design by consultant,
errors and omissions in design, differing site conditions, change of plans or scope by
client, inclement weather conditions and conflict between contract documents appear
in top ten of all these rankings. This revelation indicates that these factors can indeed
be accepted as the most important causes of variation orders globally.

4.4 The Effects of Variation Orders in Civil Engineering Construction Projects

in Kenya.

The third objective of this study was to investigate the effects of variation orders in
civil engineering construction projects in Kenya. In order to achieve this objective, the
sought to determine what the top five most important effects of variation orders are
and compare the clients, consultants, and contractors perspective on the effects of
variation orders in civil construction projects in Kenya?

48
4.4.1 The Most Important Effects of Variation Orders in Civil Engineering
Construction Projects in Kenya.

The respondents were requested to rank the frequency of occurrence of effects of

variation orders in civil construction projects in Kenya using a 5 point Likert scale
where Never = 1; Seldom = 2; Sometimes = 3; Often = 4; and Always = 5. From
Table 4-5, it is evident that cost overruns, contractual claims and disputes and time
overruns were the top three most important effects of variation orders in civil
construction projects in Kenya. In contrast, delays in payment, procurement delays
and quality degradation were the top three least important effects of variation orders.

Table 4-5: The Most Important Effects of Variation Orders in Kenya

Effects of Variation Orders Overall Client Consultant Contractor

RII Rank RII Rank RII Rank RII Rank
Cost Overruns 0.903 1 0.917 1 0.875 1 0.916 1
Contractual Disputes and 0.814 2 0.733 3 0.842 2 0.821 2
Claims
Time Overruns 0.811 3 0.817 2 0.800 3 0.816 3
Increased Overhead Costs 0.786 4 0.717 5 0.792 4 0.805 4
Progress Degradation 0.724 5 0.733 3 0.758 5 0.700 5

Source: Author (2014)

The entire ranking of the effects of variations in civil engineering construction

projects in Kenya is as attached in Appendix I. Nevertheless, the discussions on the
five most important effects of variation orders in civil engineering construction
projects in Kenya are amplified as follows;

4.4.1.1Cost Overruns

This study revealed that cost overruns is the first most important effect of variation
orders in civil engineering construction projects in Kenya, with RII of 0.903. It not
entirely unexpected for the project cost to increase due to frequent variations in the
project. According to Arain and Pheng (2006b), this is because variation orders may
affect the projects total direct and indirect costs. Therefore, any major addition or
alteration in the design may eventually increase the project cost. In every construction
project, a contingency sum is usually allocated to cater for possible variations in the

49
project, while keeping the overall project cost intact. However, frequent major
variations may lead to cost overrun in the contingency sum.

This finding that cost overruns is the most important effect of variations orders in civil
engineering construction projects in Kenya is therefore, a submission that variations
are incessant and indeed huge in magnitude contrary to the requirement of the public
procurement and oversight authority stipulation of 15%. This is informed by the fact
that most civil contracts have a contingency sum of 15% of the contract sum which is
often exhausted by incessant and humongous variations.

4.4.1.2 Contractual Disputes and Claims

Contractual disputes and claims was found to be the second most important effect of
variation orders in civil engineering construction projects in Kenya, scoring RII of
0.814. According to Singh Harbans and Sri (2004) the common areas of contention
involving variation that usually lead to claims and disputes can be narrowed down to
the following stages of a typical variation cycle, namely:

1. Ordering of variations;

2. Measurement of variations undertaken;

3. Valuation of varied work; and

4. Payment for the variation ordered

The revelation that contractual disputes and claims is the second most important effect
of variation orders in civil engineering construction projects in Kenya could signify
the notion that there is lack of clear variation order protocol in most construction
projects in Kenya. Such protocol would entail; the procedures for initiating variation;
approval of variations; timing of the issuance of variation order; procedure for
measuring varied works; method for valuation of the varied works; and time limits
within which payments have to be made to the contractor.

4.4.1.3 Time Overruns

The third most important effect of variation orders in civil engineering construction
projects in Kenya was found to be time overruns, with RII of 0.811. Arain and Pheng
(2006b) noted that the contractors are usually compelled to accommodate the
implementation time for variations by utilizing the free floats in the construction
schedules. Hence, minor variations affect the progress but without any delay in the
50
overall project completion. However, major variations may affect the project
adversely, leading to delays in the project completion. Furthermore, frequent minor
variations can also affect the project adversely depending on the timing of the
occurrence of the variations. This is because the impact of variations during the
construction phase can be more severe than in the design phase.

Therefore, this finding that time overruns is the third most important effect of
variation orders in civil engineering construction projects in Kenya is a demonstration
that indeed variations orders in Kenya are incessant and large in magnitude to the
extent that they cannot be accommodated within the floats in the construction
schedules.

4.4.1.4 Increased Overhead Cost

The fourth most important effect of variation orders in civil engineering construction
projects in Kenya was found to be increase in overhead cost with RII of 0.786.
Variations require processing procedures, paper work and reviews before they can
even be implemented O'Brien (1998). The process and implementation of variations
in construction projects would increase the overhead expenses for all the participants
concerned. Normally these overhead charges are provided for from the contingency
fund allocated for the construction project.

This finding mirrors the difficulty that contractors in Kenya experience in cases where
variations instructed give rise to extension of time. The prolonged project period does
not entitle the contractor to monetary compensation and thus contractors have to
stretch their resources to meet overhead costs.

4.4.1.5 Progress Degradation

Progress degradation was revealed to be the fifth most important effect of variations
in civil engineering construction projects in Kenya, scoring RII of 0.724. Hester et al.
(1991) observed that logistics delays were significant effects of variations in
construction projects. Logistics delays were experienced in construction projects
where variations in the construction phase required new materials, tools and
equipment.

51
This finding implies that construction projects in Kenya do experience progress slow
down which do not eventually lead to time overruns due to utilization of floats in the
schedule or constructive acceleration to recover lost time.

4.4.2 Test of Level of Agreement on Effects of Variation Orders in Kenya

To further test the level of agreement between the client, consultant and contractor on
the effects of variation orders in civil engineering construction projects in Kenya, the
Kendalls coefficient of concordance was computed. As indicated in Table 4-6, there
was a strong correlation (0.809) between clients and contractors. A stronger
correlation (0.854) was reported between clients and consultants, even as a near
perfect correlation (0.956) was found between consultants and contractors.

Table 4-6: Kendalls Coefficient of Correlation for Effects of Variation Orders

Correlations
Client Consultant Contractor
Correlation Coefficient 1.000 .854** .809**
Client
N 10 10 10
Correlation Coefficient .854** 1.000 .956**
Kendalls tau_b Consultant
N 10 10 10
Correlation Coefficient .809** .956** 1.000
Contractor
N 10 10 10

**.Correlation is significant at the 0.01 level (2-tailed)

Source: Author (2014)

This revelation is almost a replication of the previous one on level of agreement on

causes of variation orders in section 4.3.2 where the client registered lower level of
agreement with both the consultant and contractor while the consultant and the
contractor seem to be in near prefect agreement. Indeed it confirms that the clients fail
to appreciate the impact of variation orders in their projects and hence majorly
contribute to their occurrence.

4.4.3 Comparison with Previous Results on Effects of Variation Orders

Table 4-7 illustrates comparison of effects of variation order between the results of
this research and with those of Ndihokubwayo (2008); Arain and Pheng (2005b);
Amiruddin et al. (2012) from south Africa, Singapore, and Iran respectively. Though
the ranking is different for individual countries, it is evident the effects such as time
overruns, cost overruns and dispute between parties cut across all the jurisdictions.

52
 This finding could be understood to mean that the above three effects of variation
orders are the most important globally in the construction industry.

Table 4-7: The Most Important Effects of Variation Orders; Comparison of

Kenya, South Africa, Singapore and Iran

Rank Kenya South Africa Singapore Iran

Ndihokubwayo (2008) Arain and Pheng (2005b) Amiruddin et al. (2012)

1 Cost Overruns Time overrun Increase in project cost Delay in completion

schedule

2 Contractual Cost overrun Additional payment for Increase in project cost

Disputes and contractor
Claims

3 Time Overruns Disputes between Progress is affected but Disputes between owner
parties to the contract without any delay and contractor

4 Increased Additional specialist Completion schedule Decrease in quality of

Overhead Costs equipment/personnel delay work

5 Progress Complaints of one or Increase in overhead Additional revenue for

Degradation more of the parties to expenses contractor
the contact

Source: Author (2014)

4.5 Effective Variation Management System

The fourth objective of this study was to recommend an effective variation order
management system for civil engineering construction projects in Kenya. To achieve
this objective, the study set out to inquire if there is a system in existence for
managing construction variations in civil engineering construction projects in Kenya.

4.5.1 Non-existence of Variation Management System for Civil Engineering

Construction Projects in Kenya.
The respondents were asked if they have a system for managing variations in their
respective construction projects .The majority of the responded alluded to the fact that
there is no well-defined variation management system for their construction projects.
Most of the clients clarified that generally, their variation orders are managed by
intuition, with the hope that no disputes shall arise and that the contractors do not file
claims. The contractors maintained that they have no problem with lack of clear
variation management system so long as their claims are processed and they do not
suffer losses due to unpaid extra work or overheads. However the contractors

53
complained that they have a problem with filing variation claims due to lack of
contemporary records to support their course.

The perusal of existing literature indeed revealed that there is no variation

management system that is generally adopted for civil engineering construction
projects in Kenya. Though PPOA (2009) provides conditions for variations, it steers
clear of providing a variation management system for works.

According to Gharaee (2012), variation management system is a combination of

procedures, job descriptions and toolkits with the aim of:

1. Anticipating possible variations in the basic engineering and detailed

engineering stages.

2. Recognizing variations, in design or construction, that have already occurred.

3. Providing preventive actions and (in case of not being avoidable) mitigation
plans.

4. Coordinating both variations and subsequent compensation actions across the

entire project team.

Construction decision-making takes place in a team setting. Therefore effective

project change management should not rely solely on the project manager; it should
integrate input from all the relevant team players.

4.5.2 Proposed Variation Management System for Civil Engineering

Construction Projects in Kenya.

This section proposes an effective variation management system in light of the

revelation of non-existence of a variation management system for civil engineering
construction projects in Kenya as discussed in section 4.5.1. It proceeds to develop a
model that would assist not to totally eliminate variations, but to minimize their
occurrence and to ensure that variations that do occur, take place in a controlled
environment so that viable alternatives are identified developed and their impact
assessed before implementation. Gharaee (2012) reckons that using a practical model
for variation management can help the project team considerably in identifying
variations and evaluating their impacts as early and accurately as possible.

After perusal of previous work relating to variation management, the author identified
a generic change management process by CIRIA (2001) as cited in Gharaee (2012)
54
that could be modified to suit the Kenyan scenario. The original model comprised of
four steps namely; 1) Start up, 2) Variation identification and evaluation, 3) Variation
approval and, 4) Variation implementation and review. The author noted the above
four steps fall under the project life cycle stage of project execution. This research
proposes to modify the above model to include elements that are relevant to the
finding of sections 4.2, 4.3 and 4.4 that fall under the project initiation, project
planning and project closure stages of the life cycle and also the unique challenges
within which civil engineering construction projects in Kenya are undertaken as
discussed in the preceding study findings. However, it should be noted that the
proposed model, particularly under the project execution stage borrows heavily from
the work of CIRIA (2001) as cited in Gharaee (2012).

The effective variation management model for civil engineering construction projects
in Kenya was formulated by taking into account the following preceding works.

1. The finding of the study as derived from objectives one, two and three and
discussed in sections 4.2, 4.3 and 4.4. These findings provide deficiency
within civil construction projects that need to be bridged.

2. A Guide to the Project Management Body of Knowledge (PMBOK): Project

Lifecycle Management fifth edition (2013). This work provided the project
life cycle stages on which the proposed variation management model is
grounded.

3. PPOA (2013) provided corruption prevention guidelines and ceiling on

variation to works in public funded construction projects in Kenya.

4. FIDIC Red Book (1999) provided the contractual provisions for contract
administration.

5. Change Management Best Practices for the Engineering and Construction

Industry by Oracle (2009) which illustrated significant steps for variation
management during the project execution stage.

6. Generic Project Management Process by CIRIA (2001) as cited in Gharaee

(2012) , which presented the original model which was modified and adopted
for the project execution stage.

The following assumptions have been made:

55
 1. Extraneous factors such as political interference in the tendering process and
final execution of construction projects shall not be experienced.

2. Clients in public funded construction projects shall adhere to PPOAs

corruption prevention guidelines which require all variations to be approved
by the tender committee.

3. Clients for civil engineering construction projects shall adopt a design bid
build (DBB) procurement strategy. Shunji (2006) contends that this is the type
of project delivery system that is most commonly used for infrastructure
projects in the international construction market place.

4. FIDIC Redbook, 1999 shall be adopted as the conditions of contract for civil
engineering construction projects in Kenya. Yukinobu (2006), observed that
FIDIC conditions of contract is the most accepted standard conditions in use for
international construction contracts. FIDIC is recommended by Multilateral
Development Banks e.g. World Bank, AfDB, JBIC etc. for use in tender documents,
and it is therefore the conditions which are most likely to be adopted for mega
infrastructure projects.

The modified model is grounded on the four stages of project lifecycle as described in
(PMBOK, 2013) namely:

1. Project Initiation Stage: - Preparation of clear project brief and conducting

of credible feasibility study.

2. Project Planning Stage: - Way-leave acquisition, project design, project

scheduling, contract documentation and project cost estimation.

3. Project Execution Stage: - Identify the contract requirements, identify the

potential variation and create a potential variation order file, evaluation of
PVO, approval of variation by tender committee, execution of VO and
documentation of VO.

4. Project Closure Stage: - Production of as-built drawings, project completion

reports and lessons learned log.

56
 Initiation Develop a clear project brief

Feasibility study
Planning

Way-leave Project Project Contract Cost

acquisition design scheduling documentation estimation

Identify contract requirements

Contractors
proposed
variations Identify variation
Criteria

Evaluate
Execution

variation
Consider Options
other
options
TC No Termination
Approval of variation

Yes, negotiate if
necessary

Dispute Issue variation order Parties notified

resolution
Document variation
Closure

Produce as-built drawings & completion reports

Lessons Learned

Figure 4-3: Modified Effective Variation Management Model

Source: Adopted, modified from Lazarus and Clifton (2001) as cited in Gharaee
(2012), (Authors contributions are in bold)

The above stages are discussed more thoroughly in the subsequent paragraphs.

57
4.5.2.1 Stage One: Project Initiation

As revealed in section 4.2, where additional work is the most common aspect of
variations and section 4.3, where change of scope by the client is the third most
important factor contributing to variations in civil engineering construction projects in
Kenya, it is clear that scope creep is a major bottleneck in civil construction projects.
This is attributable to unclear project brief by the client at the initiation stage leading
to variations during the subsequent stages. Additionally, section 4.3.1 of this study
revealed that differing site conditions, change of plans and scope by client, change of
schedule by the client, change of design by consultants, inclement weather conditions
and unavailability of materials and equipment are the second, third, fourth, sixth,
seventh and ninth most important factors contributing to variations in civil
construction projects in Kenya respectively. All these six factors are attributable to
lack of feasibility study or adoption of feasibility study that has been overtaken by
time.

PMBOK (2013), outlined that at the project initiation stage, the initial project scope is
defined. The expectations of the client in relation to factors such as time, cost and
quality objective are to be made explicit at the crucial initiation phase of the project in
form of a project brief, as these factors, when combined together, form the framework
by which eventual project risks and performance can be evaluated. KACC (2007)
observed that in most road projects in Kenya, feasibility studies are hardly conducted
and as a result some of the technical, economic and time frame options are rendered
non-feasible at the projects execution stage, hence leading to negotiations and
unjustifiable variations.

These therefore necessitate that at this critical stage in variation management, the
client should ensure that his project brief is meticulously drafted and devoid of
ambiguities. Moreover, a feasibility study ought to be used to justify what is
developed and at what cost (the investment decision), it should also be used
throughout the procurement phase to check that the project is being developed in
accordance with the original assumptions and, where variation is necessary, it must be
used to manage the variation by providing options. The above steps if undertaken
during the project initiation stage would go a long way in minimizing variations in
civil construction projects in Kenya.

58
4.5.2.2 Stage Two: Project Planning

The findings in section 4.3 indicating that delay in acquisition of way-leave, change
of schedule by the client, lack of coordination between overseas and local designers,
change of design by consultant, errors and omissions in design and conflict between
contract documents are the first, fourth, fifth, sixth, eighth and ninth most important
factors contributing to variation orders in civil construction projects in Kenya
respectively.

According to PMBOK (2013), the project planning stage consists of those processes
performed to establish the total scope of the effort, define and refine the objectives,
and develop the course of action required to attain those objectives. The Planning
processes develop the project management plan and the project documents that will be
used to carry out the project. In construction, the contract documents prepared during
the planning stage typically include the following components:

1. Contract Agreement and addenda to the contract,

2. Letter of Acceptance,

3. Letter of Tender,

4. Particular Conditions,

5. General Conditions,

6. Specifications,

7. Design drawings, and

8. Price schedules.

At the project planning stage, it is important that the client and consultant review the
above listed contract documents to ensure that they are devoid of errors, omissions
and ambiguities, so that construction variations emanating from the same could be
minimized. It is also equally important that the order of precedence of the above
documents is clearly set at this stage, so that future conflicts between contract
documents are resolved without difficulty.

Consultants design responsibilities are implemented at this stage of project life cycle.
The detailed designs are expected to take into consideration the local standards, the
recommendations of the feasibility study and the site conditions to ensure that the

59
designs are not only free of errors and omission but also constructible. In case there is
involvement of overseas designers, the design teams activities should be well
coordinated so that no miscommunication arises, leading to discrepancy in design data
hence errors in design output. Before proceeding to the execution stage, all the design
activities ought to be completed and frozen to avoid variations due to change in
design by consultant.

Upon the finalization of detailed design and project specifications, the project cost
estimation should be accurately done by performing quantity take off and multiplying
by the unit price to get the total cost of work for the project. In order to take care of
unforeseen changes during the construction, a markup of approximately 15% should
be added to the total cost of work as a contingency sum.

Construction projects require realistic scheduling so as to avoid the last minute

acceleration of works to achieve completion within an overly unrealistic time frame.
Borrowing from feasibility studys recommendations on the climatic conditions of the
projects locality, the client and consultant should be in a position to estimate the
workable days in a calendar year and schedule the project on that basis rather than to
assume that the entire 365 days in a year would be workable. This is critical for civil
works given that they are majorly outdoor activities often dictated by site moisture
conditions. This step would greatly minimize variations due to change of schedule by
client.

Last but not least, in the project planning stage, the client has got a cardinal
responsibility to provide access to site. This could be interpreted to mean full
acquisition of way-leave for the infrastructure projects so that the contractor does not
only have the working space for construction but also corridor for transporting
equipment and materials. Any delay in provision of way-leave by client could cause
variation in schedule or design of parts of the projects or even the entire project in
extreme cases. Way-leave acquisition is a requirement that must therefore be met by
the client before the contractor moves to site to commence work.

4.5.2.3 Stage Three: Project Execution

The findings of section 4.4 which disclosed that cost overruns, contractual disputes
and claims, time overruns, increased overhead cost and progress degradation are the
five most common effects of variation orders in civil construction projects in Kenya.

60
These effects begin to manifest themselves during this project execution stage and
therefore need to be managed alongside the construction process.

PMBOK (2013) noted that the project execution stage consists of those processes
performed to complete the work defined in the project management plan to satisfy the
project specifications. This stage involves coordinating people and resources,
managing stakeholder expectations, as well as integrating and performing the
activities of the project in accordance with the project management plan. In
construction projects, this stage commences with the issuance of the notice to
commence according to clause 8.1 of (FIDIC, 1999).

The first and most important step for successfully managing variations at this stage
entails identification and understanding of contract requirements and provisions by
the respective parties before the project starts. The contract documents as prepared in
the planning stage, spell out the requirements for the project in terms of its scope,
schedule, and budget. The contract requirements must first be identified so that any
variation (that is, a change) can be recognized, because a variation is essentially a
requirement that deviates from the requirements set forth in the contract documents.
This step should come in handy in averting potential contractual disputes and claims
arising from construction variations, found to be the second most important effect of
variation orders in civil construction projects in Kenya in section 4.4 of this study.

As logical starting points for the identification and administration of variations the
client, consultant and contractor should pay particular attention to the contract clauses
related to the following:

1. Variation: - FIDIC (1999) clause 13,

2. Contractor Notice: - FIDIC (1999) clause 20.1

3. Claims, dispute and arbitration: FIDIC (1999) clauses 20.2-20.8

4. Site evaluation: FIDIC (1999) clause 4.10

5. Unforeseeable physical conditions: FIDIC (1999) clause 4.12

6. Force majeure: FIDIC (1999) clause 19

7. Extension of time for completion: FIDIC (1999) clause 8.4.

61
The second step in effective variation management at this stage is to identify the
possible variations that might occur in the future activities of the project. This can be
accomplished by adopting the findings of sub-section 4.2.2 of this study which among
others indicated that additional work comprise 58% of the variations in civil
engineering construction projects in Kenya. Timing is of great importance here, in
other words the earlier a variation is identified the lower the impacts will be.
However, one of the major problems at the project execution stage is the failure of the
clients, consultants or the contractors to recognize project variation. Once a potential
variation is identified, it will be classified among the different types of variation
provisions that are defined by the contract. According FIDIC (1999) clause 13,
variation may include:

1. Additional work,

2. Omission from work,

3. Change to the quality or other characteristic of any item of the work,

4. Change to the sequence or timing of execution of the work, and

5. Change to the levels, positions and/or dimensions of any part of the work.

A potential variation order (PVO) file should be created for every identified variation
in order to track the issue. Creation of the PVO file should be performed before
entitlement for the potential variation is determined. Alternatively, FIDIC (1999)
clause 13.2 allows the contractor at his own cost to propose in writing, a variation that
could be of benefit to the client.

The third step of successful variation order management at the project execution stage
is to evaluate the PVO. The aim of this step is to be able to ascertain the impact of the
potential variation on the projects budget and schedule. This is done keeping in mind
that in section 4.4 of this study, cost and time overruns were found to be the first and
third most important effects of variations in civil construction projects in Kenya
respectively. The client must, in a timely fashion, evaluate the PVO and determine
whether the potential variation shall be beneficial or detrimental to the projects
performance. Using cost analysis and duration analysis techniques, the client and his
representative will be able to reach an informed decision whether to adopt or reject
the proposed variation in totality or to consider other options. PPOA and KACC

62
(2009) provide corruption prevention strategies that require all variations to be
approved by the clients tender committee and must adhere to the stipulated limit of
25% of the contract sum for works. Once a decision has been made by the tender
committee, it is important to notify the project team members, both internal and
external on the approval or rejection of variation by the client. In order to keep a
record of who has been informed, the project team must prepare a list of all the people
who are going to be contacted. It is a very crucial task, as any ignorant in this stage
may lead to irreversible damages. Early notification allows both the client and the
contractor an opportunity to more effectively control the cost and mitigate schedule
impact of variation.

The fourth element in effective variation management at the project execution stage is
the execution of variation. This entails the issuance of a written variation order for
implementation by the contractor and thereafter, valuation of the variation in
accordance with FIDIC (1999), clauses 12.3 and 13.6. Even though FIDIC (1999)
clause 13.1 expressly provides for the clients right to vary works, it is advisable for
the contractor and client to work together as diligently as possible and to agree upon
the cost and time adjustment for the varied work. Extension of time and financial
compensation for the execution of the varied works are the stickiest issues likely to
lead to contractual claims and disputes. However, if the parties have been working
together throughout the course of the project, then their collaboration might allow
them to find a middle ground during the negotiation process based on effective
communication and trust. It is always possible that the two parties might not come to
an agreement. If the parties are unable to negotiate a mutually agreed upon cost or
time extension for the variation, and if the contractor disagrees with performing the
work included in a VO after a final decision has been made by the client, then the
contractors only remedy might be to continue its dispute through the channels
identified by the contract.

There are several different methods for resolving variation-related construction

disputes to avoid costly arbitration or litigation. FIDIC (1999), clause 20.4 provides
for Dispute Adjudication Boards (DABs), a neutral authority consisting of three
members, is one preferred method. Selection of the board members can be performed
in a number of ways; however, it is crucial that the individuals are neutral and both
the client and the contractor view each board member as being impartial.

63
The fifth and the last step in a successful variation management process at the project
execution stage is the documentation of variation. This step is important given the
sentiments of the interviewed contractors who said that they have a problem with
logging variation claims due to lack of records. This is a vital construction
management function that needs to be undertaken consistently and systematically
throughout the entire variation process of variation identification to execution. A
comprehensive documentation system provides contemporary records for the
contractor to substantiate claims and enables the client to effectively asses the
contractors claims.

4.5.2.4 Stage Four: Project Closure

PMBOK (2013) observes that the project closure stage consists of those processes
performed to conclude all activities across all project management stages to formally
complete the project, phase, or contractual obligations. This stage, when completed,
verifies that the defined processes are completed within all of the stages to close the
project or a project phase, as appropriate, and formally establishes that the project or
project phase is complete.

In construction projects, this stage commences after substantial completion has been
achieved and a TOC is issued according to FIDIC (1999) clause 10. In other words, it
is the starting point of the defect liability period as provided for under clause 11 of
(FIDIC, 1999). After TOC is issued, any variation order issued is not contractually
binding and the contractor is under no obligation to execute such an order. However,
during this stage, the contractor has an obligation to produce and submit to the client
the as-built drawings reflecting the changes made to the specifications and/or design
during the construction process, and showing the exact levels, dimensions, geometry
and location of all elements of the work as completed under the contract.

At this stage, the consultant has an obligation to the client to produce the project
completion reports which among others shall include the technical report on the work
done while highlighting the varied sections of the work and the financial statement of
the project, showing the financial impact of the varied works.

The clients in-house project team should be able to draw up the lessons learned by
capturing and considering the tacit knowledge and experiences of team members
gained during variation events. Preparing a lessons-learned log at this stage can help

64
implementing the future projects in a better way and will create a priceless piece of
knowledge for future reference.

4.6 Conclusion

In conclusion, four major observations were made from data analysis and discussions
in this chapter. Firstly, the majority of variations originate from the clients resulting
into additional work, which is an indication of the clients inability to effectively
execute scope management. Secondly, the first five most important factors
contributing to variation orders are mostly attributable to the client. Thirdly, time and
cost overruns and contractual claims and disputes arising from variations have a major
impact on civil construction projects in Kenya. Lastly, there is no effective variation
management system for civil construction projects in Kenya. The next chapter
summarizes the study, draws conclusions, makes recommendations and suggests
area(s) of further research.

65
 CHAPTER FIVE

5.0 SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

5.1 Introduction

This chapter presents the summary of the research work undertaken, and on the basis
of the study findings draws conclusions about the studys aim and objectives, and
makes recommendations as an outgrowth of the study. Additionally, it discusses the
implication(s) of the findings for policy in the Kenyan construction industry and
concludes by suggesting area(s) for further research.

5.2 Summary of the Findings

5.2.1 Nature of Variations in Civil Engineering Construction Projects in Kenya.

The first objective if this study was to determine the nature of variation orders in civil
construction projects in Kenya. To achieve this objective, the research sought to find
out the origins of variations and aspects that the variations assume upon
implementation.

5.2.1.1 Origin Agents of Variation Orders in Civil Engineering Projects in Kenya

The respondents were requested to identify the origins of most of their variations in
terms of the contracting parties namely; clients, consultants, contractors or any other
source not attributable to the three parties and thereafter referred to as the others.

The study revealed that the client is the most predominant origin agent of variation
orders, with 55% of the respondents attributing variation orders to him. Moreover,
82% of the respondents believed that variation orders in their projects are blamed on
the combined involvement of both the client and consultant.

5.2.1.2 Aspects of Variations in Civil Engineering Construction Projects in

Kenya

The respondents were asked to identify the most common aspect of variation orders in
their projects from a list of four possible aspects namely; additional work, omission
from work, change to the sequence or timing of the execution of the work, change to
the quality or other characteristic of any item of the work, and change to the levels,
positions and /or dimensions of any part of the work.

66
The results study indicated that 58% of the respondents interviewed are of the opinion
that additional work is the most common aspect of variation orders in civil
engineering construction projects in Kenya. At the second place was omission from
work which scored 19% of the respondents interviewed.

5.2.2 Factors Contributing to Variation Orders in Civil Engineering

Construction Projects in Kenya.

The second objective of this study was to investigate the factors that contribute to
variation orders in civil construction projects in Kenya. From the literature review,
fifty four factors were identified to be contributing variation orders in construction
projects globally. Through a pilot study, it was possible to isolate thirty factors unique
to civil engineering construction projects in Kenya.

5.2.2.1 The Most Important Factors Contributing to Variation Order in Civil

Engineering Construction Projects in Kenya.

The respondents were requested to rank the thirty factors that contribute to variation
orders using the five point Likert scale of 5- extremely frequent through to 1-Least
frequent according to their experience. The Likert scale was transformed into a
relative importance index (RII). Using the RII, it was possible to isolate ten most
important factors contributing to variation orders from an original list of thirty factors.
The study findings indicated the ten most important factors causing variation orders in
civil construction projects are; 1) Delay in land acquisition/compensation, 2)
Differing site conditions, 3) Change of plans or scope by client, 4) Change of
schedule by the client, 5) Lack of coordination between overseas and local designers,
6) Change in design by consultant, 7) Inclement weather conditions, 8) Errors and
omissions in design, 9) Unavailability of materials and equipment, and 10) Conflict
between contract documents.

5.2.2.2 Comparison of the Clients, Consultants and Contractors perspective on

Factors Contributing to Variation Orders.

The Kendall coefficient of concordance was applied to compare the perception of the
three contracting parties namely; client, consultant and contractor on the factors
contributing to variation orders in civil engineering construction projects in Kenya.
The findings of the study suggest that there is a strong correlation of 0.965 between

67
the consultant and the contractor. However, a weak correlation of 0.577 was reported
between the client and both consultants and contractors.

5.2.3 Effect of Variations in Civil Engineering Construction Projects in Kenya.

The third objective of the study was to investigate the effects of variation orders in
civil engineering construction projects in Kenya. A total of sixteen effects of
variations were identified through the literature review and later condensed to ten
effects unique to the Kenyan civil construction industry by means of a pilot study.

5.2.3.1 The Most Important Effects of Variations in Civil Engineering

Construction Projects in Kenya.

The respondents were invited to rank the frequency of occurrence of effects of

variation orders in their construction projects and according to their experience using
a 5point Likert scale of 5-Always to 1- Never. The Likert scale was transformed into a
relative importance index (RII). From an initial list of ten potential effects of
variation orders, it was possible to isolate the most important effects using RII. The
outcome of the study disclosed that the three most important effects of variation
orders in civil engineering construction projects in Kenya are; cost overruns,
contractual disputes and claims and time overruns in that order.

5.2.3.2 Comparison of the Clients, Consultants and Contractors Perception on

the Effects of Variation Orders in Civil Engineering Construction Projects in
Kenya.

The comparison of the perception of clients, consultants and contractors on the

effects of variation orders on civil engineering construction projects in Kenya was
done using the Kendall coefficient of concordance. The study found that there is a
strong correlation of 0.809 between the clients and contractor and an even stronger
correlation of 0.854 between clients and consultants. In addition, a near perfect
correlation of 0.956 was reported between the consultants and contractors.

5.2.4 Model for Variation Management

The fourth objective of the study was to recommend a model for effective variation
order management for civil engineering construction projects in Kenya. To achieve
this objective, the study sought to inquire whether there is an existing system in place

68
for managing variations during projects life cycle so that improvements to the system
could be recommended or an entirely new system is proposed.

5.2.4.1 Non-existence of a Variation Management System in Civil Engineering

Construction Projects in Kenya.

The respondents were asked if they have adopted any system for managing variations
in their projects. The study revealed that despite the fact that civil engineering
construction projects in Kenya experience variation orders that are incessant and
excessive in magnitude, there exist no clear systems for managing them, a further
indication that these variations are indeed uncontrolled and unjustifiable.

5.2.4.2 Proposed Variation Management Model for Civil Engineering

Construction Projects in Kenya.

Due to lack of an effective variation management model in place, the study

recommended a four stage management model that comprised;

1. Project Initiation Stage: - Preparation of clear project brief and conducting

of credible feasibility study.

2. Project Planning Stage: - Way-leave acquisition, project design, project

scheduling, contract documentation and cost estimation.

3. Project Execution Stage: - Identify the contract requirements, identify the

potential variation and create a potential variation order file, evaluation of
PVO, execution of VO and documentation of VO.

4. Project Closure Stage: - Production of as-built drawings, project completion

reports and lessons learned log.

The proposed system is pegged on close cooperation and consultation between the
projects teams of the client and contractor at the project execution stage to ensure that
decisions reached at every stage are bilateral and informed by the contractual
provisions to lessen the chances of disputes and to ensure no prejudice to either of
contracting parties.

5.2.5 Methodology Adopted.

The study adopted survey research design method. This choice was settled on out of
the necessity to sample the opinion of a large number of professionals cost effectively

69
and within a limited period of time. The target population was comprised of 12
clients, 32 consultants and 51 contractors. This translated to minimum sample size of
11 clients, 25 consultants, and 34 contractors. However, the entire population was
sampled to keep with Mugenda and Mugenda (1999) recommendation of minimum
sample size of 30 items and also to carter for the nonresponsive respondents. The rate
of return was 78% of the questionnaires sent out and as a result exceeding the
required threshold of 30-80% reported in preceding studies and can actually be
generalized in order to arrive to an informed conclusion. Further, according to the
participants profile in appendix E, 82% of the respondents had experience of over ten
years and 96% of the respondents had experience with variation orders. This validated
the reliability of their opinions and hence the effectiveness and adequacy of the
methodology adopted to arrive at the conclusions of this research.

5.3 Conclusions

The aim of this research study was to investigate the causes and effects of variation
orders in civil construction projects in Kenya with a view of making
recommendations geared towards an effective variation order management system.
Based on the study findings, the following conclusions were drawn:

1. The study findings are an indictment of the client as the most predominant
origin agent of variations in civil engineering construction projects in Kenya.
As further revealed, the variations culminate into additional work which
brings to the fore the difficulty that is scope management in construction
projects. Generally, these findings are similar to several findings from
developing countries. Clients therefore need to be at the forefront of
interventions geared towards variation management in civil construction projects
in Kenya, if these interventions have to be successful.
2. The five most important factors that contribute to the occurrence of variation
orders in civil engineering construction projects in Kenya are 1) delay in land
acquisition/compensation, 2) differing site conditions 3) change of plans or
scope by client 4) change of schedule by the client and 5) lack of coordination
between overseas and local designers in that order. All the above factors are
attributable to either the client or the consultant, hence further magnifying the
important role of the two parties in variation order minimization.

70
 3. The three most important effects of variation orders in civil engineering
construction projects in Kenya are; 1) contractual disputes and claims 2) cost
overruns and 3) time overruns respectively. The results obtained are very
relevant to the construction industry in Kenya because whenever there are
variations or additional works during the construction phase, it usually brings
about extra work to be carried out by the contractor which means more money
for the contractor which in turn will result in project cost increase and may
eventually affect the entire projects schedule.
4. Last but not least, the study revealed that there exist no comprehensible
variation order management systems for civil engineering construction
projects in Kenya. This has a potential of permitting uncontrolled and
unjustifiable variations that add no value to the project performance hence
detrimental to overall project performance. However, it shall be noted that the
success of variation management system depends on how effectively the
project team communicates and collaborates during entire project life cycle
and that the system is as effective as the implementation team.

5.4 Recommendations

Based on the findings of this research discussed in chapter four, with main conclusion
listed above the following recommendation are hereby made with the view of
minimizing the occurrence and mitigating the effects of variation orders in civil
engineering construction projects in Kenya:

Table 5-1: Recommendation for Variation Management

Finding Section Recommendation

1 Client is the most predominant Section 4.2 During preconstruction phase the client
origin agent of variation orders in should provide a clear and concise project
and
civil construction projects in Kenya. brief devoid of ambiguities.
Figure 4-1

2 Additional work is the most frequent Section 4.3 Conclusion of design prior to
aspect of variation in civil commencement of construction to avoid
and
construction projects in Kenya. scope creep during the construction stage.
Figure 4-2

3 The study showed that the top five Section 4.4 As part of preconstruction planning,
most important causes of variation the client should acquire the right of
and

71
 Finding Section Recommendation
orders in civil construction projects way for the entire corridor before the
Table 4-1
in Kenya are; contractor moves in to commence
works.
Delay in land
acquisition/compensation, A conclusive feasibility study that
entails thorough geotechnical
Differing site conditions,
investigation that brings to the fore all
Change in plans or scope by subsurface conditions necessary for
client, design.

Inclement weather conditions Clients should provide a clear brief of

and, the scope of works.

Lack of co-ordination between Past weather patterns of the

overseas and local designers. construction area should be evaluated
so as to come up with a realistic
schedule that takes into account the
non-workable days in a calendar year.

Proper coordination between the

overseas and local designers so that
the local design standards and
requirements are adhered to and the
actual site conditions are taken into
consideration during design.

4 The study revealed that the top three Section 4.5 Provision of contingencies in the
most important effects of variation contract sum of about 7.5-15% of the
and
orders in civil construction projects value of works.
Table 4-4
in Kenya are;
Strict variation management protocol
Cost overruns, in construction contracts with respect
to the following aspects; (1) Ordering
Contractual claims and disputes
of variations; (2) Measurement of
and,
variations undertaken; (3) Valuation
Time overruns. of varied work; and (4) Payment for
the variation ordered.

Use of Work Breakdown Structure

(WBS) to track changes made so that
were possible variations are made on
non-critical path items.
Source: Author (2014)

72
5.5 Implication for Theory

Observations made in this study have two major implications for theory in
construction project management. First and foremost, the observation that while there
is near perfect concurrence between the consultant and the contractor on causes of
variations and their effects, there is a very low level of agreement between either the
consultants or contractors and clients with regard to the same. In line with the system
thinking, construction projects need to be managed the way a business organization is
managed i.e. with common goals and objectives. In construction projects these
objectives would be to deliver a project within time and budget. However, a
construction project is hardly viewed as a managed system the way an organization
is viewed and according to Larson (1997) the tendency for both owners and
contractors to assume an adversarial posture with each other is based on the inherent
conflict between owners costs and contractors profits. This is essentially a zero-sum
game in which one partys gain is the other partys loss. This dynamic is even more
complicated when one recognizes that it permeates the chain of relationships between
contractors and subcontractors necessary to complete a significant construction
project.

The apparent conflict of interest predisposes owners and contractors to be naturally

suspicious of the motives and actions of each other. For the owners, this suspicion is
often manifested by oppressively monitoring the contractors performance,
challenging each and every request to make an adjustment in plans or budget, and
forcing compliance by withholding funds. Contractors respond by exploiting
loopholes in the contract to their own advantage and withholding or manipulating
information.

Finally, the adoption of Demings theory of Profound Knowledge founded on the

system thinking could help professionals in the construction industry to distinguishing
the difference between the origins of variations, as well as understanding its causes
and predicting behaviour, which is imperative to managements ability to properly
remove problems or barriers in the system. However, without knowledge of variation,
management might very well (with the very best intention) take action that actually
makes things worse. Just as important, through knowledge of variation, management

73
realizes that attributing a problem to a person, instead of the system, is misguided and
misleading.

5.6 Implication for Policy

Construction variation in civil engineering construction projects in Kenya is a

procurement concern and therefore all public funded construction projects have to
adhere to the existing public procurement regulations. In Kenya, The Public
Procurements Oversight Authority (PPOA) was created by an Act of Parliament in
January, 2007. The Authority is mandated to among others, ensure that procurement
procedures established under the Public Procurement and Disposal Act are complied
with and to monitor the procurement system and report to the Government on its
overall functioning. PPOAs other roles include initiating public procurement policy
as well as assisting in the implementation and operation of the public procurement
system by preparing and distributing manuals and standard tender documents.

According to PPOA (2009) all variations must collectively not exceed 10% of the
original contract quantity for goods and services and 15% of the original contract
quantity for works and provided that any price or quantity variation is to be executed
within the period of the contract. However, these thresholds are never adhered to if
the completion reports of various projects in Kenya are anything to go by. Case in
point is the Badasa dam in Marsabit County, where according Andrew (2013), the
project tendered for KS. 1.7 billion in 2009 was varied by KS. 1.9 billion (112%).
This was in gross violation of the public procurement policy.

Furthermore, KACC (2007) reported that even though the Manual for Procurement
and Management of Projects by PPOA requires that feasibility studies be done for
donor funded projects, for some of the road construction projects fully funded by the
government this is never carried out. As a result, some of the technical, economic and
time frame options adopted in the design turn out to be non-feasible at the
implementation leading to negotiation and unjustifiable variations in the contracts.
This creates a loophole that can be exploited by unscrupulous contractor and ministry
personnel. In addition, the anomalies lead to delay in the implementation of the road
works.

Therefore, in Kenya the most realistic starting point would be stringent adherence to
the existing policy, where all public funded civil construction projects are closely

74
supervised by the regulatory authority to ensure compliance. The cases of non-
compliance could be attributed to either lethargy or incapacity on the side of PPOA. It
is for that reason that capacity building is necessary at the regulatory body and that
the functions of PPOA be devolved from the capital Nairobi to all the 47 counties in
the country so that they can effectively execute their mandate.

5.7 Areas of Further Study

This study adopted a survey research design where the findings are based on the
opinion of professionals in civil construction projects in Kenya. There is a need for
case study design where project documents from selected civil construction projects
are scrutinized to quantify the actual extent of the causes and effects of variation
orders so as to compliment the opinion of the construction professionals.

Since this study addressed the subject of variation orders in civil construction
projects, it would be interesting to study the subject of building construction or
mechanical construction or even electrical construction projects and compare the
results.

75
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81
 APPENDICES

Appendix A: Questionnaire X

JOMO KENYATTA UNIVERSITY

OF
AGRICULTURE AND TECHNOLOGY

P.O. BOX 62000-00200, NAIROBI, KENYA, TEL: +254-20-08008488, FAX: (67)

52437

SCHOOL OF ARCHITECTURE AND BUILDING SCIENCES

DEPARTMENT OF CONSTRUCTION MANAGEMENT

This research titled, Evaluation of the Causes and Effects of Variation Orders in
Civil Engineering Construction Projects in Kenya is being conducted by David
Dickson Oloo, a student of Masters of Construction Project Management at Jomo
Kenyatta University of Agriculture and Technology (JKUAT).

The objective of the study is to evaluate the causes and effects of variation orders in
civil construction project in Kenya, with a view to making recommendations that are
geared towards proper variation order management.

This survey has been approved by the Board of Postgraduate Studies of JKUAT. All
of the responses in the survey will be recorded anonymously and with utmost
confidentiality. Thus, there are no risks associated with participating in this study.
Moreover, the findings of this study shall be used for academic purposes only.

If you have any questions regarding the survey or this research project in general,
please contact David Dickson Oloo at email: [email protected] or phone
0721360743. Thank you for accepting to participate in this study. Please kindly
answer all questions.

SECTION A: RESPONDENTS PROFILE

1. Which of the following best describes your company?

82
 Client Consultant Contractor Other (Specify).................................

2. For how many years have you worked in the construction industry?

Below 5 6 - 10 11 - 15 16 - 20 Over 20

3. What is your current position in your company? ....................................................

4. Have you ever been involved with the administration of variation orders?

Yes No
SECTION B: ORIGIN AGENT AND CAUSES OF VARIATION ORDERS

5. What is the origin agent of most your variation orders?

Client Consultant Contractor Other (Specify).................................

6. Which of the following aspects of variations most frequently constitute varied

works in civil construction projects?

Additional work

Omission from work

Change to the sequence or timing of the execution of the works

Change to the quality and other characteristics of any item of work

Change to the levels, positions and /or dimensions of any part of the work

7. By ranking from 5 (extremely frequent), 4 (very frequent), 3 (moderately

frequent), 2 (slightly frequent) to 1 (least frequent), how frequently do you
encounter the following causes of variation orders in your projects?

S/N Causes of Variation Orders 5 4 3 2 1

1 Change in Design by Consultant

2 Errors and Omissions in Design

3 Conflict between Contract Documents

4 Technology Changes

83
S/N Causes of Variation Orders 5 4 3 2 1

5 Value Engineering

6 Lack of communication between contracting parties

7 Consultants lack of Judgement and Experience

8 Change in Specifications by consultant/client

9 Change of Plans or Scope by client

10 Change of Schedule by client

11 Clients Financial Problems

12 Inadequate Project Objectives

13 Lack of Contractors Involvement in Design

14 Unavailability of Materials and Equipment

15 Contractors Financial Difficulties

16 Contractors Desired Profitability

17 Differing Site Conditions

18 Unfamiliarity with Local Conditions

19 Contractors Poor Procurement Process

20 Contractors Lack of Judgment and Experience

21 Complex Design and Technology

22 Inclement Weather Conditions

23 Change in Government Regulations

24 Change in Economic Conditions

25 Socio-cultural factors
26 Unforeseen Problems/ force majeure

27 Lack of Coordination between Overseas and Local

28 Interference of Donors in Project Requirements

29 Delay in Land Acquisition/Compensation

30 Environmental Considerations

84
 SECTION C: EFFECTS OF VARIATION ORDERS

8. By ranking from 5 (Always), 4 (Often), 3 (Sometimes), 2 (Seldom), to 1 (Never),

how frequently do variation orders result in the following in your projects?

S/N Effects of Variation Orders 5 4 3 2 1

1 Cost Overruns

2 Time Overruns

3 Progress Degradation

4 Delays in Payment

5 Quality Degradation

6 Productivity Degradation

7 Procurement Delay

8 Rework and Demolition

9 Contractual Claims and Disputes

10 Increased Overhead Costs

SECTION D: VARIATION ORDER MANAGEMENT

9. How do you valuate variations in you civil construction projects?

85
10. What key considerations do you make when assessing contractors claims on
variation orders? List them in the order of importance.

11. How best can the occurrence of variations be reduced in civil construction
project?

86
THANK YOU FOR COMPLETING THIS QUESTIONNAIRE

87
 Appendix B: Questionnaire Y

JOMO KENYATTA UNIVERSITY

OF
AGRICULTURE AND TECHNOLOGY

P.O. BOX 62000-00200, NAIROBI, KENYA, TEL: +254-20-08008488, FAX: (67)

52437

SCHOOL OF ARCHITECTURE AND BUILDING SCIENCES

DEPARTMENT OF CONSTRUCTION MANAGEMENT

This research titled, Evaluation of the Causes and Effects of Variation Orders in
Civil Engineering Construction Projects in Kenya is being conducted by David
Dickson Oloo, a student of Masters of Construction Project Management at Jomo
Kenyatta University of Agriculture and Technology (JKUAT).

The objective of the study is to evaluate the causes and effects of variation orders in
civil construction project in Kenya, with a view to making recommendations that are
geared towards proper variation order management.

This survey has been approved by the Board of Postgraduate Studies of JKUAT. All
of the responses in the survey will be recorded anonymously and with utmost
confidentiality. Thus, there are no risks associated with participating in this study.
Moreover, the findings of this study shall be used for academic purposes only.

If you have any questions regarding the survey or this research project in general,
please contact David Dickson Oloo at email: [email protected] or phone
0721360743. Thank you for accepting to participate in this study. Please kindly
answer all questions.

SECTION A: RESPONDENTS PROFILE

3. Which of the following best describes your company?

Client Consultant Contractor Other (Specify).................................

88
4. For how many years have you worked in the construction industry?

Below 5 6 - 10 11 - 15 16 - 20 Over 20

3. What is your current position in your company? ....................................................

4. Have you ever been involved with the administration of variation orders?

Yes No
SECTION B: ORIGIN AGENT AND CAUSES OF VARIATION ORDERS

5. What is the origin agent of most your variation orders?

Client Consultant Contractor Other (Specify).................................

6. Which of the following aspects of variations most frequently constitute varied

works in civil construction projects?

Additional work

Omission from work

Change to the sequence or timing of the execution of the works

Change to the quality and other characteristics of any item of work

Change to the levels, positions and /or dimensions of any part of the work

7. By ranking from 5 (extremely frequent), 4 (very frequent), 3 (moderately

frequent), 2 (slightly frequent) to 1 (least frequent), how frequently do you
encounter the following causes of variation orders in your projects?

S/N Causes of Variation Orders 5 4 3 2 1

1 Change in Design by Consultant

2 Errors and Omissions in Design

3 Conflict between Contract Documents

4 Technology Changes

5 Value Engineering

89
S/N Causes of Variation Orders 5 4 3 2 1

6 Lack of communication between contracting parties

7 Consultants lack of Judgement and Experience

8 Change in Specifications by consultant/client

9 Change of Plans or Scope by client

10 Change of Schedule by client

11 Clients Financial Problems

12 Inadequate Project Objectives

13 Lack of Contractors Involvement in Design

14 Unavailability of Materials and Equipment

15 Contractors Financial Difficulties

16 Contractors Desired Profitability

17 Differing Site Conditions

18 Unfamiliarity with Local Conditions

19 Contractors Poor Procurement Process

20 Contractors Lack of Judgment and Experience

21 Complex Design and Technology

22 Inclement Weather Conditions

23 Change in Government Regulations

24 Change in Economic Conditions

25 Socio-cultural factors
26 Unforeseen Problems/ force majeure

27 Lack of Coordination between Overseas and Local

28 Interference of Donors in Project Requirements

29 Delay in Land Acquisition/Compensation

30 Environmental Considerations

90
 SECTION C: EFFECTS OF VARIATION ORDERS

8. By ranking from 5 (Always), 4 (Often), 3 (Sometimes), 2 (Seldom), to 1 (Never),

how frequently do variation orders result in the following in your projects?

S/N Effects of Variation Orders 5 4 3 2 1

1 Cost Overruns

2 Time Overruns

3 Progress Degradation

4 Delays in Payment

5 Quality Degradation

6 Productivity Degradation

7 Procurement Delay

8 Rework and Demolition

9 Contractual Claims and Disputes

10 Increased Overhead Costs

SECTION D: VARIATION ORDER MANAGEMENT

9. When preparing project cost estimates and budget, how do you take care of
unforeseen variations in your projects?

91
10. Do you have a variation order management system in place in your organization?
If yes, please elaborate on the benefits of such a system to your organization.

11. How do you resolve disputes resulting from variation orders between you and the
contractor?

92
THANK YOU FOR COMPLETING THIS QUESTIONNAIRE

93
 Appendix C: Questionnaire Z

JOMO KENYATTA UNIVERSITY

OF
AGRICULTURE AND TECHNOLOGY

P.O. BOX 62000-00200, NAIROBI, KENYA, TEL: +254-20-08008488, FAX: (67)

52437

SCHOOL OF ARCHITECTURE AND BUILDING SCIENCES

DEPARTMENT OF CONSTRUCTION MANAGEMENT

This research titled, Evaluation of the Causes and Effects of Variation Orders in
Civil Engineering Construction Projects in Kenya is being conducted by David
Dickson Oloo, a student of Masters of Construction Project Management at Jomo
Kenyatta University of Agriculture and Technology (JKUAT).

The objective of the study is to evaluate the causes and effects of variation orders in
civil construction project in Kenya, with a view to making recommendations that are
geared towards proper variation order management.

This survey has been approved by the Board of Postgraduate Studies of JKUAT. All
of the responses in the survey will be recorded anonymously and with utmost
confidentiality. Thus, there are no risks associated with participating in this study.
Moreover, the findings of this study shall be used for academic purposes only.

If you have any questions regarding the survey or this research project in general,
please contact David Dickson Oloo at email: [email protected] or phone
0721360743. Thank you for accepting to participate in this study. Please kindly
answer all questions.

SECTION A: RESPONDENTS PROFILE

5. Which of the following best describes your company?

94
 Client Consultant Contractor Other (Specify).................................

6. For how many years have you worked in the construction industry?

Below 5 6 - 10 11 - 15 16 - 20 Over 20

3. What is your current position in your company? ....................................................

4. Have you ever been involved with the administration of variation orders?

Yes No
SECTION B: ORIGIN AGENT AND CAUSES OF VARIATION ORDERS

5. What is the origin agent of most your variation orders?

Client Consultant Contractor Other (Specify).................................

6. Which of the following aspects of variations most frequently constitute varied

works in civil construction projects?

Additional work

Omission from work

Change to the sequence or timing of the execution of the works

Change to the quality and other characteristics of any item of work

Change to the levels, positions and /or dimensions of any part of the work

7. By ranking from 5 (extremely frequent), 4 (very frequent), 3 (moderately

frequent), 2 (slightly frequent) to 1 (least frequent), how frequently do you
encounter the following causes of variation orders in your projects?

S/N Causes of Variation Orders 5 4 3 2 1

1 Change in Design by Consultant

2 Errors and Omissions in Design

3 Conflict between Contract Documents

4 Technology Changes

95
S/N Causes of Variation Orders 5 4 3 2 1

5 Value Engineering

6 Lack of communication between contracting parties

7 Consultants lack of Judgement and Experience

8 Change in Specifications by consultant/client

9 Change of Plans or Scope by client

10 Change of Schedule by client

11 Clients Financial Problems

12 Inadequate Project Objectives

13 Lack of Contractors Involvement in Design

14 Unavailability of Materials and Equipment

15 Contractors Financial Difficulties

16 Contractors Desired Profitability

17 Differing Site Conditions

18 Unfamiliarity with Local Conditions

19 Contractors Poor Procurement Process

20 Contractors Lack of Judgment and Experience

21 Complex Design and Technology

22 Inclement Weather Conditions

23 Change in Government Regulations

24 Change in Economic Conditions

25 Socio-cultural factors
26 Unforeseen Problems/ force majeure

27 Lack of Coordination between Overseas and Local

28 Interference of Donors in Project Requirements

29 Delay in Land Acquisition/Compensation

30 Environmental Considerations

SECTION C: EFFECTS OF VARIATION ORDERS

96
8. By ranking from 5 (Always), 4 (Often), 3 (Sometimes), 2 (Seldom), to 1 (Never),
how frequently do variation orders result in the following in your projects?

S/N Effects of Variation Orders 5 4 3 2 1

1 Cost Overruns

2 Time Overruns

3 Progress Degradation

4 Delays in Payment

5 Quality Degradation

6 Productivity Degradation

7 Procurement Delay

8 Rework and Demolition

9 Contractual Claims and Disputes

10 Increased Overhead Costs

SECTION D: VARIATION ORDER MANAGEMENT

9. What challenges do you encounter when compiling claims related to variation

orders in your projects?

97
10. How do you overcome the above challenges?

11. Do you have a variation order management system in the projects that you
undertake? If yes, please elaborate how the system functions.

98
THANK YOU FOR COMPLETING THIS QUESTIONNAIRE

99
 Appendix D: Rate of Return for Questionnaires

Target Minimum Number Number Rate of

Population Sample Sent Returned Return %
Size

Client 12 11 12 12 100%

Consultant 32 25 32 24 75%

Contractor 51 34 51 38 75%

Total 95 70 95 74 78%

100
 Appendix E: Participants Profile

General Information Frequency Percentage

Company Description

Client 12 16

Consultant 24 32

Contractor 38 52

Position in Respective Company

Director 8 11

Site Engineer 25 34

Project/ Construction Manager 16 22

Quantity Surveyor 8 11

Project Engineer 5 7

Design Engineer 6 8

Resident Engineer 2 3

Contracts Engineer 1 1

Clerks of Work 3 4

Participants Years of Experience

Below 5 3 4

5-10 10 14

11-15 12 16

16-20 20 27

Over 20 29 39

Experience with Variation Orders

Yes 71 96

No 3 4

101
 Appendix F: RII Calculation for Factors Contributing to Variation Orders
Scale Overall Client Consultant Contractor
Question Causes of Variation Orders 1 2 3 4 5 W AxN RII Rank AxN RII Rank AxN RII Rank AxN RII Rank
Q7.1 Change in Design by Consultant 2 7 16 32 16 272 370 0.735 6
Client 0 3 1 5 2 39 60 0.650 8
Consultant 0 1 7 13 3 90 120 0.750 6
Contractor 2 3 8 14 11 143 190 0.753 4
Q7.2 Errors and Omissions in Design 4 9 17 30 14 263 370 0.711 8
Client 1 2 1 5 3 43 60 0.717 3
Consultant 2 1 7 10 4 85 120 0.708 8
Contractor 1 6 9 15 7 135 190 0.711 8
Q7.3 Conflict between Contract Documents 9 10 14 35 6 241 370 0.651 9
Client 1 1 1 8 1 43 60 0.717 3
Consultant 2 7 3 9 3 76 120 0.633 11
Contractor 6 2 10 18 2 122 190 0.642 10
Q7.4 Technology Changes 46 22 3 1 0 103 370 0.278 30
Client 10 2 0 0 0 14 60 0.233 30
Consultant 14 8 2 0 0 36 120 0.300 29
Contractor 22 12 1 1 0 53 190 0.279 30
Q7.5 Value Engineering 40 22 7 3 0 117 370 0.316 29
Client 9 1 2 0 0 17 60 0.283 27
Consultant 11 6 4 1 0 39 120 0.325 28
Contractor 20 15 1 2 0 61 190 0.321 27
Q7.6 Lack of communication between contracting parties 25 21 17 7 3 161 370 0.435 18
Client 8 1 3 0 0 19 60 0.317 25
Consultant 5 7 8 3 0 55 120 0.458 17
Contractor 12 13 6 4 3 87 190 0.458 17
Q7.7 Consultants lack of Judgment and Experience 32 23 12 6 0 138 370 0.373 22
Client 3 3 1 4 0 28 60 0.467 18
Consultant 13 6 3 2 0 42 120 0.350 23
Contractor 16 14 8 0 0 68 190 0.358 22
Q7.8 Change in Specifications by consultant/client 9 12 19 27 5 223 370 0.603 12
Client 1 3 4 3 0 31 60 0.517 16
Consultant 3 4 5 7 4 74 120 0.617 12
Contractor 5 5 10 17 1 118 190 0.621 12
Q7.9 Change of Plans or Scope by client 4 7 15 21 27 282 370 0.762 3
Client 1 4 4 2 1 34 60 0.567 12
Consultant 1 1 4 10 8 95 120 0.792 3
Contractor 2 2 7 9 18 153 190 0.805 3
Q7.10 Change of Schedule by client 4 9 17 15 29 278 370 0.751 4
Client 1 1 3 4 3 43 60 0.717 3
Consultant 1 2 6 4 11 94 120 0.783 4
Contractor 2 6 8 7 15 141 190 0.742 6

102
 Scale Overall Client Consultant Contractor
Question Causes of Variation Orders 1 2 3 4 5 W A x N RII Rank AxN RII Rank A x N RII Rank A x N RII Rank
Q7.11 Clients Financial Problems 21 30 17 6 0 156 370 0.422 19
Client 6 3 0 3 0 24 60 0.400 24
Consultant 4 14 5 1 0 51 120 0.425 20
Contractor 11 13 12 2 0 81 190 0.426 20
Q7.12 Inadequate Project Objectives 34 23 11 2 1 126 370 0.341 26
Client 9 3 0 0 0 15 60 0.250 29
Consultant 8 7 4 1 1 43 120 0.358 22
Contractor 17 13 7 1 0 68 190 0.358 22
Q7.13 Lack of Contractors Involvement in Design 12 19 26 13 4 200 370 0.541 15
Client 4 3 3 1 1 28 60 0.467 18
Consultant 4 3 13 3 1 66 120 0.550 14
Contractor 4 13 10 9 2 106 190 0.558 14
Q7.14 Unavailability of Materials and Equipment 9 9 20 26 10 241 370 0.651 9
Client 4 5 1 2 0 25 60 0.417 21
Consultant 2 1 8 9 4 84 120 0.700 9
Contractor 3 3 11 15 6 132 190 0.695 9
Q7.15 Contractors Financial Difficulties 38 29 5 2 0 119 370 0.322 27
Client 5 3 2 2 0 25 60 0.417 21
Consultant 13 10 1 0 0 36 120 0.300 29
Contractor 20 16 2 0 0 58 190 0.305 29
Q7.16 Contractors Desired Profitability 37 24 3 7 2 132 370 0.357 24
Client 4 3 0 4 1 31 60 0.517 16
Consultant 11 12 0 1 0 39 120 0.325 26
Contractor 22 9 3 2 1 62 190 0.326 25
Q7.17 Differing Site Conditions 1 4 13 20 36 308 370 0.832 2
Client 1 1 2 3 5 46 60 0.767 2
Consultant 0 1 4 8 11 101 120 0.842 2
Contractor 0 2 7 9 20 161 190 0.847 2
Q7.18 Unfamiliarity with Local Conditions 14 14 21 22 2 203 370 0.549 14
Client 3 2 3 4 0 32 60 0.533 15
Consultant 3 6 6 7 1 66 120 0.550 14
Contractor 8 6 12 11 1 105 190 0.553 15
Q7.19 Contractors Poor Procurement Process 18 19 16 11 10 198 370 0.535 16
Client 5 1 0 2 4 35 60 0.583 11
Consultant 4 10 4 3 3 63 120 0.525 16
Contractor 9 8 12 6 3 100 190 0.526 16
Q7.20 Contractors Lack of Judgment and Experience 35 18 11 7 1 137 370 0.370 23
Client 2 2 2 4 1 33 60 0.550 13
Consultant 13 7 3 1 0 40 120 0.333 24
Contractor 20 9 6 2 0 64 190 0.337 24

103
 Scale Overall Client Consultant Contractor
Question Causes of Variation Orders 1 2 3 4 5 W A x N RII Rank AxN RII Rank A x N RII Rank A x N RII Rank
Q7.21 Complex Design and Technology 19 30 17 3 2 152 370 0.411 20
Client 6 4 1 0 0 17 60 0.283 27
Consultant 3 11 6 1 1 52 120 0.433 19
Contractor 10 15 10 2 1 83 190 0.437 19
Q7.22 Inclement Weather Conditions 4 9 20 18 23 269 370 0.727 7
Client 1 3 3 2 3 39 60 0.650 8
Consultant 1 3 6 6 8 89 120 0.742 7
Contractor 2 3 11 10 12 141 190 0.742 6
Q7.23 Change in Government Regulations 35 32 5 1 0 118 370 0.319 28
Client 6 5 1 0 0 19 60 0.317 25
Consultant 10 10 2 1 0 40 120 0.333 24
Contractor 19 17 2 0 0 59 190 0.311 28
Q7.24 Change in Economic Conditions 33 31 8 2 0 127 370 0.343 25
Client 2 7 2 1 0 26 60 0.433 20
Consultant 11 11 2 0 0 39 120 0.325 26
Contractor 20 13 4 1 0 62 190 0.326 25
Q7.25 Socio-cultural factors 27 25 15 7 0 150 370 0.405 21
Client 5 3 2 2 0 25 60 0.417 21
Consultant 9 8 5 2 0 48 120 0.400 21
Contractor 13 14 8 3 0 77 190 0.405 21
Q7.26 Unforeseen Problems/ force majeure 9 13 23 18 11 231 370 0.624 11
Client 2 3 4 2 1 33 60 0.550 13
Consultant 2 4 8 7 3 77 120 0.642 10
Contractor 5 6 11 9 7 121 190 0.637 11
Q7.27 Lack of Coordination between overseas and local designers 3 9 19 19 24 274 370 0.741 5
Client 0 1 3 6 1 40 60 0.667 6
Consultant 0 3 7 6 8 91 120 0.758 5
Contractor 3 5 9 7 15 143 190 0.753 4
Q7.28 Interference of donors in project requirements 16 22 25 5 5 180 370 0.486 17
Client 0 2 6 2 2 40 60 0.667 6
Consultant 8 4 8 1 2 54 120 0.450 18
Contractor 8 16 11 2 1 86 190 0.453 18
Q7.29 Delay in land acquisition/ compensation 0 3 11 26 35 318 370 0.859 1
Client 0 0 2 2 8 54 60 0.900 1
Consultant 0 0 4 10 10 102 120 0.850 1
Contractor 0 3 5 14 17 162 190 0.853 1
Q7.30 Environmental considerations 11 22 16 11 13 212 370 0.573 13
Client 0 3 4 2 2 36 60 0.600 10
Consultant 4 7 6 3 4 68 120 0.567 13
Contractor 7 12 6 6 7 108 190 0.568 13

104
 Appendix G: RII Calculation for Effects of Variation Orders
Scale Overall Client Consultant Contractor
Question Effects of Variation Orders 1 2 3 4 5 W AxN RII Rank AxN RII Rank AxN RII Rank AxN RII Rank
Q8.1 Cost Overruns 2 1 4 17 50 334 370 0.903 1
Client 0 0 0 5 7 55 60 0.917 1
Consultant 1 1 2 4 16 105 120 0.875 1
Contractor 1 0 2 8 27 174 190 0.916 1
Q8.2 Time Overruns 2 8 11 16 37 300 370 0.811 3
Client 0 1 1 6 4 49 60 0.817 2
Consultant 1 3 3 5 12 96 120 0.800 3
Contractor 1 4 7 5 21 155 190 0.816 3
Q8.3 Progress Degradation 6 8 15 24 21 268 370 0.724 5
Client 2 0 2 4 4 44 60 0.733 3
Consultant 0 2 8 7 7 91 120 0.758 5
Contractor 4 6 5 13 10 133 190 0.700 5
Q8.4 Delays in Payment 45 14 9 3 2 122 370 0.330 10
Client 5 2 3 2 0 26 60 0.433 10
Consultant 16 5 1 1 0 33 120 0.275 10
Contractor 24 7 5 0 2 63 190 0.332 10
Q8.5 Quality Degradation 15 15 32 8 4 193 370 0.522 8
Client 2 4 4 1 1 31 60 0.517 8
Consultant 3 4 10 5 2 71 120 0.592 8
Contractor 10 7 18 2 1 91 190 0.479 9
Q8.6 Productivity Degradation 9 13 16 33 3 230 370 0.622 6
Client 1 3 3 4 1 37 60 0.617 7
Consultant 3 5 4 11 1 74 120 0.617 6
Contractor 5 5 9 18 1 119 190 0.626 6
Q8.7 Procurement Delay 15 30 12 11 5 180 370 0.486 9
Client 2 5 3 2 0 29 60 0.483 9
Consultant 6 11 3 3 0 49 120 0.408 9
Contractor 7 14 6 6 5 102 190 0.537 8
Q8.8 Rework and Demolition 5 14 36 13 6 223 370 0.603 7
Client 0 2 7 1 2 39 60 0.650 6
Consultant 1 5 11 7 0 72 120 0.600 7
Contractor 4 7 18 5 4 112 190 0.589 7
Q8.9 Contractual Disputes and Claims 1 9 10 18 36 301 370 0.814 2
Client 0 3 2 3 4 44 60 0.733 3
Consultant 0 3 2 6 13 101 120 0.842 2
Contractor 1 3 6 9 19 156 190 0.821 2
Q8.10 Increased Overhead Costs 1 6 8 41 18 291 370 0.786 4
Client 1 2 1 5 3 43 60 0.717 5
Consultant 0 2 2 15 5 95 120 0.792 4
Contractor 0 2 5 21 10 153 190 0.805 4

105
Appendix H: Ranking of Factors Contributing to Variation Orders Using RII

Overall Client Consultant Contractor

Causes of Variation Orders RII Rank RII Rank RII Rank RII Rank
Delay in land Ccquisition/ Compensation 0.859 1 0.900 1 0.850 1 0.853 1
Differing Site Conditions 0.832 2 0.767 2 0.842 2 0.847 2
Change of Plans or Scope by Client 0.762 3 0.567 12 0.792 3 0.805 3
Change of Schedule by Client 0.751 4 0.717 3 0.783 4 0.742 6
Lack of Coordination between Overseas and Local Designers 0.741 5 0.667 6 0.758 5 0.753 4
Change in Design by Consultant 0.735 6 0.650 8 0.750 6 0.753 4
Inclement Weather Conditions 0.727 7 0.650 8 0.742 7 0.742 6
Errors and Omissions in Design 0.711 8 0.717 3 0.708 8 0.711 8
Unavailability of Materials and Equipment 0.651 9 0.417 21 0.700 9 0.695 9
Conflict between Contract Documents 0.651 9 0.717 3 0.633 11 0.642 10
Unforeseen Problems/ Force Majeure 0.624 11 0.550 13 0.642 10 0.637 11
Change in Specifications by consultant/client 0.603 12 0.517 16 0.617 12 0.621 12
Environmental Considerations 0.573 13 0.600 10 0.567 13 0.568 13
Unfamiliarity with Local Conditions 0.549 14 0.533 15 0.550 14 0.553 15
Lack of Contractors Involvement in Design 0.541 15 0.467 18 0.550 14 0.558 14
Contractors Poor Procurement Process 0.535 16 0.583 11 0.525 16 0.526 16
Interference of donors in Project Requirements 0.486 17 0.667 6 0.450 18 0.453 18
Lack of communication between contracting parties 0.435 18 0.317 25 0.458 17 0.458 17
Clients Financial Problems 0.422 19 0.400 24 0.425 20 0.426 20
Complex Design and Technology 0.411 20 0.283 27 0.433 19 0.437 19
Socio-cultural Factors 0.405 21 0.417 21 0.400 21 0.405 21
Consultants lack of Judgment and Experience 0.373 22 0.467 18 0.350 23 0.358 22
Contractors Lack of Judgment and Experience 0.370 23 0.550 13 0.333 24 0.337 24
Contractors Desired Profitability 0.357 24 0.517 16 0.325 26 0.326 26
Change in Economic Conditions 0.343 25 0.433 20 0.325 26 0.326 25
Inadequate Project Objectives 0.341 26 0.250 29 0.358 22 0.358 22
Contractors Financial Difficulties 0.322 27 0.417 21 0.300 29 0.305 29
Change in Government Regulations 0.319 28 0.317 25 0.333 24 0.311 28
Value Engineering 0.316 29 0.283 27 0.325 26 0.321 27
Technology Changes 0.278 30 0.233 30 0.300 29 0.279 30

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 Appendix I: Ranking of Effects of Variation Orders Using RII

Overall Client Consultant Contractor

Effects of Variation Orders RII Rank RII Rank RII Rank RII Rank
Cost Overruns 0.903 1 0.917 1 0.875 1 0.916 1
Contractual Disputes and Claims 0.814 2 0.733 3 0.842 2 0.821 2
Time Overruns 0.811 3 0.817 2 0.800 3 0.816 3
Increased Overhead Costs 0.786 4 0.717 5 0.792 4 0.805 4
Progress Degradation 0.724 5 0.733 3 0.758 5 0.700 5
Productivity Degradation 0.622 6 0.617 7 0.617 6 0.626 6
Rework and Demolition 0.603 7 0.650 6 0.600 7 0.589 7
Quality Degradation 0.522 8 0.517 8 0.592 8 0.479 9
Procurement Delay 0.486 9 0.483 9 0.408 9 0.537 8
Delays in Payment 0.330 10 0.433 10 0.275 10 0.332 10

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