Commentary

76 Power to order variations

BUILDING AND ENGINEERING vol 5
| Commentary

76 Power to order variations

| Commentary

76 Power to order variations

A contract administrator, as agent for the employer, has no implied authority to order variations or to alter the contract in any other way1. Where such an order is given and acted upon by the contractor, the employer is not liable to pay for the work done unless it authorised or ratified its agent’s act, or unless a promise to pay can be otherwise implied2. In such circumstances the agent may be personally liable to the contractor, either in contract or on the basis of breach of warranty of authority3

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