The same principles apply to the rescission and modification of contracts for works of construction as apply to other contracts1. An agreement to rescind a contract or to modify its terms will normally be of no effect in the absence of fresh consideration2. If one party simply undertakes not to dishonour one of its existing contractual obligations that in itself will not be enforceable without good consideration, but a practical benefit to the other party flowing from that affirmation of existing obligations will be good consideration for these purposes3. In a contract for work and materials where the employer
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