Commentary

78 Effect of failure to comply with formalities

BUILDING AND ENGINEERING vol 5
| Commentary

78 Effect of failure to comply with formalities

| Commentary

78 Effect of failure to comply with formalities

It is an almost invariable practice for a construction contract to contain a provision that any instruction to vary the works must be in writing1. A question which often arises is whether the absence of an instruction in writing will prevent the contractor from recovering payment for the extra cost of varied works. If the requirement for such an instruction is, as a matter of construction of the relevant provision, not a condition precedent to the contractor’s right to recover payment, the contractor will usually be entitled to recover on the basis

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial