Additional works

Additional works (TS / TSU): what the project manager needs to know to avoid approving extra cost with no contractual basis — and exposing the client to litigation

The earthworks contractor announces they need a hydraulic rock breaker (BRH) — equipment not originally planned. A cost estimate comes in. You “approve it in the meeting.” Two weeks later, the contractor sends an invoice for additional works. Did you actually create a valid contractual commitment? Without a quote approved by the client and a formal instruction, the answer is no.

1. Operational definition + common mistake

Travaux supplémentaires (TS / TSU), or “additional works,” refers to work performed by a contractor outside the scope of its original contract, which entitles it to additional payment. On a private-sector project, the standard process is: identify the work → contractor submits a quote to the MOE → written approval from the client → formal instruction (ordre de service) issued by the MOE → work carried out by the contractor.

In this CR, the general notes explicitly state: “No additional work will be recognized unless it has been the subject of a quote submitted to the MOE and approved by the client, backed by a formal instruction.” A dedicated “TS / TSU QUOTE TRACKING TABLE” is included in the CR.

Many assume a verbal approval in a meeting, or the MOE’s agreement, is enough to create a right to payment — in reality, without a signed quote and a notified formal instruction, the contractor has no contractual basis to invoice the extra cost, and an MOE who gave verbal “approval” can end up in an untenable position between the contractor and the client.

2. Where it appears

In a site meeting report — in the TS / TSU quote tracking table (summary by trade with amount and approval status), and in the sections of active trades when a technical contingency triggers a TS / TSU request. In this CR:

“Awaiting the cost estimate for the extra work on the diaphragm wall (to be corrected)” — Obs.: REMINDER
“The contractor alerts us that they are required to use the hydraulic rock breaker (BRH). The volume is greater than anticipated in the G2PRO geotechnical study.”
“The attached cost estimate is approved today in the meeting.” (polluted soil)

3. How to read this entry in the CR

If you read “Awaiting the cost estimate for the extra work” → check that the contractor has actually submitted a formal quote. Without a quote received, the commitment cannot be approved by the client.

If you read “Approved today in the meeting” → this wording in the CR alone does not create the formal instruction. Check that a quote was actually submitted, that the client approved it in writing, and that a formal instruction was notified.

If the TS / TSU quote tracking table is empty while TS / TSU work is ongoing → this is an anomaly to correct immediately.

4. Who does what

5. What this changes in practice

A project manager who rigorously applies the quote → client approval → formal instruction process protects the client from uncontrolled financial commitments and the contractor from non-payment. A project manager who approves TS / TSU verbally risks a dispute when the client refuses the invoice.

Failure scenario: the MOE “approves in the meeting” the cost estimate for using the BRH (€45,000). No formal quote, no formal instruction. The contractor invoices the extra cost at month’s end. The client refuses: they never formally approved this expense. The contractor sues the MOE for approving without a mandate.

6. Example of real wording

“Awaiting the cost estimate for the extra work on the diaphragm wall (to be corrected)” — Obs.: REMINDER

“The attached cost estimate is approved today in the meeting. It calls for the removal of the polluted soil.” — Obs.: PI

7. Points of caution

• A TS / TSU “approved in the meeting” doesn’t automatically create a formal instruction: the two acts are distinct.

• A TS / TSU with no quote submitted to the MOE cannot be forwarded to the client for approval.

• The MOE has no power to approve a TS / TSU financially on their own: only the client has that power (absent written delegation).

• A geotechnical contingency (BRH, pollution) is a legitimate TS / TSU if the soil study didn’t anticipate it — but “legitimate” doesn’t mean “automatically owed”: the approval process still applies.

• The TS / TSU quote tracking table in the CR is the proof that the MOE is controlling additional financial commitments.

8. Not to be confused with

9. Related terms

Same phase (execution/contingency): Formal instruction (ordre de service) · Contract amendment · BRH · Progress statement (situation de travaux)

Same actor (MOE/MO): TS / TSU tracking table · Works schedule · Delay penalties