This distinction may be important – if the amended agreement departs substantially from the original contract, it may be considered by the Tribunal as a new agreement, so that the original contract is cancelled. This could have unintended consequences if a party wishes to invoke a provision of the original contract that may not have been included in the new agreement. If the designs, specifications or coin lists do not show work comparable to those described by a deviation, a fair assessment of the contractor`s direct costs, overheads and profits is required. Typical types of contracts generally explicitly provide that the contract manager (usually the architect or engineer) orders changes (z.B FIDIC 51.1). These provisions allow for the continuation and fluidity of the management of the work without the need for another contract. In trade agreements, it is customary to include a provision that changes to a contract are null and void, unless they are written and signed by or on behalf of both parties. This is called the variation clause and is intended to avoid informal or involuntary oral variations. However, the common law allows for the amendment of a written contract by the mutual consent of both parties, either orally or in writing. This can complicate the position. They may then be asked to decide whether or not to maintain a waiver based on the cost advisor`s estimates, which will be replaced in due course by the actual costs. It has been argued that this feasibility negates some of the reasons for NEC cost control and decision-making contracts.
“The assessment of compensation events affecting prices is based on their impact on defined costs, plus the levy. This difference is different from some forms of standard contracts in which differences on the basis of contract rates and prices are considered basic elements. The reason for this policy is that no compensation event requiring an offer is attributable to the contractor`s fault or to a case that follows his risk in the course of the contract. The contractor should therefore be reimbursed for the additional costs (or actual costs, if the work has already been carried out) as a result of the compensation event.” Our experts recommend that you use a change if you make changes to your contracts.