344. No express provision.

Where there is an express provision in the contract for variations to the contract work but no machinery for ascertaining the value, the parties will be bound by any agreement as to the price of such works, and in default of agreement the employer must pay a reasonable sum1.

Where there is no express provision in the contract the contractor will be entitled to claim payment for the variations if he can establish a new contract or a promise to pay for the varied works by showing that the employer, or the architect as agent of the employer acting within

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