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We refer you to Practice Note: Contract variation.
A contract variation is a subsequent change to an original contract. Variations to contracts may arise and be proposed for many reasons. Some of the more common reasons include:
changes in the scope of goods or services required
changes in the contract charges or rates
extensions of time
changes in resources required to perform the contract
clarification of issues which the original contract has not adequately dealt with, or
other changes to the underlying needs of each of the parties
Not all changes to a contractual relationship amount to an effective or valid variation. Sometimes the changes are such that the end result is not a varied contract but a rescinded one, an assignment or a novation. For more guidance on rescission, assignment and novation, see Practice Notes: Rescission of a contract, Assigning contracts—common scenarios and considerations and Novation—why and how to novate a contract.
There are several methods of variation. A contract may be varied:
unilaterally (if permitted by the contract)
by waiver, or
by sustained minor breach
An existing contract may be varied in writing
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