At DTM Legal, we support developers, contractors and consultants across the full lifecycle of construction and engineering projects. Alongside our Development Agreements and Appointments expertise, we can help you agree and document contract amendments and revised terms as your project evolves, keeping the commercial deal clear, enforceable and aligned with how the job is actually being delivered.
Construction projects rarely stand still. Scope changes, programme pressures, procurement shifts and stakeholder requirements can all trigger the need to update the contract position. Putting changes in writing (properly and promptly) helps protect budgets, timescales and working relationships, reducing the scope for disputes later on.
Types of Contract Amendments & Terms We Can Assist With
We advise on a wide range of amendments and supplemental documents, including:
- Deeds of variation / supplemental agreements to update key terms without re-papering the entire contract
- Variations and change orders covering scope, specification, design development and additional works
- Programme changes, including extensions of time, acceleration, sectional completion and milestone revisions
- Commercial and payment amendments, such as valuation mechanisms, interim payment cycles, retention, set-off and pay less notice provisions
- Risk allocation updates, including design responsibility, delay/disruption, liquidated damages, caps/limitations and indemnities
- Insurance and security amendments, for example PI levels, project insurance obligations, bonds and guarantees
- Third-party protection updates, including collateral warranties and third-party rights where stakeholder requirements change
- Termination and dispute resolution provisions, including escalation steps, adjudication/arbitration clauses and jurisdiction wording
We can support both standard form contracts (including commonly used industry forms) and bespoke agreements, and ensure any amendments sit properly alongside related documents such as appointments, warranties, novations and funding requirements.
Key Considerations When Agreeing Amendments and New Terms
We help ensure the revised position reflects what you have agreed commercially and works legally in practice, including:
- Getting the formality right: whether the change should be documented as a deed or an agreement, and ensuring correct execution
- Clarity on what is changing (and what isn’t): avoiding “contract drift”, conflicting provisions and accidental knock-on effects
- Document hierarchy and consistency: aligning the amendment with the wider contract suite (including schedules, specifications and scope documents)
- Time and money entitlements: drafting clear rules for valuation, payment timelines, compensation/variation procedures and programme impacts
- Notices and procedures: ensuring any revised notice requirements are workable and enforceable (and reflect how the team operates on site)
- Waiver / settlement risk: avoiding unintended waivers, “full and final settlement” wording, or loss of rights through poorly drafted side letters
- Flow-down to the supply chain: making sure upstream amendments don’t leave gaps or misalignment with subcontracts and key suppliers
- Stakeholder compliance: addressing funder, tenant, purchaser, insurer and end-user requirements where third-party rights or warranties are in play
Costs can vary depending on the complexity of the amendment, how much of the contract suite is affected, and how quickly documents need to be turned around. We offer transparent pricing and can provide a clear estimate once we understand the contract form, the proposed changes and the project timescales.
Speak with a Member of the DTM Legal Team
If you need support amending an existing construction or engineering contract or putting updated terms in place, our team is here to help. Contact our Construction & Engineering team to discuss your requirements by calling 01244 354800 / 0151 3210000 or emailing construction@dtmlegal.com
