During a refurbishment in Funchal, stripping a wall finish may expose a damaged beam requiring strengthening. Buying materials above the budgeted price, however, does not in itself create additional work. The distinction rests on the contract, the cause and the evidence.
Establish the original scope
Start by comparing the quotation with the contract, drawings, specification and bill of quantities, where available. Check exclusions, assumptions and measurement rules. Work needed to deliver the agreed solution does not automatically become an extra because the contractor omitted it from the estimate.
The pricing basis also matters. Under a remeasurement arrangement, an increase in measured quantities may be a valuation adjustment rather than a new item of work. A lump-sum contract requires a different assessment of scope and allocated risk.
Separate necessity from liability
Hidden conditions, client-requested changes or essential technical adjustments may justify work beyond the original scope. On a sloping site in Madeira, an unexpected buried structure could require a revised foundation, provided the need is technically substantiated.
By contrast, correcting defective workmanship or replacing materials installed without approval should not be presented as a client-funded extra. Even where intervention is essential, responsibility for its cost remains a separate question. Claims that a condition was unforeseeable must be tested against the surveys and investigations available.
Follow the applicable Portuguese rules
For private building contracts, the Portuguese Civil Code distinguishes between necessary alterations, contractor-proposed changes and changes required by the client. Payment entitlement and any extension of time depend on the circumstances and contractual terms. Public works contracts are subject to the specific rules on complementary works in the Portuguese Public Contracts Code.
Where a change affects matters subject to development control, check the procedure required under the RJUE, established by Decree-Law No. 555/99, as amended. Client approval does not replace statutory control.
Require an auditable proposal
Before work proceeds, except for urgent safety measures, the site supervision team should support the decision with:
- Photographs, location and a description of the discovery;
- A solution validated by the designer where appropriate;
- Quantities, rates, omitted work and programme implications;
- Written approval from a person authorised to decide.
For 12 m² of strengthening, a single total offers little basis for checking value. Preparation, materials, labour and access equipment should be identifiable, with no duplication of work already included in the contract.
Verify delivery before closing the change
Site supervision checks workmanship and measurements but does not replace the client in authorising expenditure unless appropriately empowered. In an emergency, record the hazard, the minimum protective action taken and communications with the parties involved.
Maintain a change register showing the cause, decision-maker, net cost, time implications and approval status. Before payment, reconcile each claim with the authorisation and measured work: technical necessity, financial liability and the amount invoiced are separate checks.