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.