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CHAPTER NINE CHANGE IN THE ABSENCE OF A VARIATION INSTRUCTION CHANGE ABSENT VARIATION INSTRUCTION

Construction Contract Variations

CHAPTER NINE

CHANGE IN THE ABSENCE OF A VARIATION INSTRUCTION CHANGE ABSENT VARIATION INSTRUCTION

CHANGE IN THE ABSENCE OF A VARIATION INSTRUCTION CHANGE ABSENT VARIATION INSTRUCTION

SECTION A: INTRODUCTION 233
SECTION B: CONCESSION 239
SECTION C: CONSENSUAL VARIATION 243
SECTION D: WAIVER OF CONTRACTUAL VARIATION MECHANISM FORMALITIES 253
SECTION E: THE OBLIGATION TO APPROVE AND INSTRUCT A CHANGE 263
SECTION F: COLLATERAL CONTRACTS 270
SECTION G: RESTITUTION, UNJUST ENRICHMENT AND QUANTUM MERUIT CLAIMS 276
SECTION H: OTHER CONTRACTUAL PROVISIONS THAT COMPENSATE FOR CHANGE 288

SECTION A: INTRODUCTION

9.1 Any change to the contract scope needs to be made with the employer’s approval.1 A variation instruction issued by the employer under the contract will, of course, constitute approval. Such an instruction will normally also give the contractor the right to payment and extra time to undertake the changed work. Such variation instructions, and the formal processes these can involve, are discussed in Chapter 8.

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