9. Variations

  1. Roger Knowles FRICS, FCIArb, FQSi, Barrister

Published Online: 14 FEB 2012

DOI: 10.1002/9781118257050.ch9

200 Contractual Problems and their Solutions, Third Edition

200 Contractual Problems and their Solutions, Third Edition

How to Cite

Knowles, R. (2012) Variations, in 200 Contractual Problems and their Solutions, Third Edition, Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118257050.ch9

Publication History

  1. Published Online: 14 FEB 2012
  2. Published Print: 15 FEB 2012

ISBN Information

Print ISBN: 9780470658314

Online ISBN: 9781118257050

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Keywords:

  • variations;
  • quotations for extra work, separate contracts;
  • additional work;
  • sub-/contractors, forcibly carrying out variations;
  • Hudson's Building and Engineering Contracts;
  • parties at liberty, to enter into a contract;
  • quantum meruit claims;
  • quantum meruit valuation

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?