Chapter 9

Variations

First published: 14 February 2012

Summary

This chapter contains sections titled:

  • Where a contractor/subcontractor submits a quotation for extra work which is accepted, is the accepted quotation deemed to include for any resultant delay costs?

  • Can a contractor/subcontractor be forced to carry out a variation after practical completion?

  • Where work is omitted from the contract by way of a variation, can a contractor or subcontractor claim for loss of profit?

  • Where work is omitted from a contract and given to another contractor to carry out, is there a liability for the employer to pay the contractor loss of profit?

  • Where, due to a variation, a contractor has to cancel an order for the supply of material, can he pass on to the employer a claim received from the supplier for loss of profit?

  • How are ‘fair’ rates defined?

  • When do quantum meruit claims arise and how should they be evaluated?

  • Can the issue of a variation to the work ever have the effect of creating a separate or replacement contract?

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