![HT-2024-LDS-000014 - [2024] EWHC 3067 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer
Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer.
The Contractor shall not be entitled to payment for any Variation for which the instruction is not given or confirmed in writing.
Variations shall be valued by the Employer on a fair and reasonable basis with reference to, where available and relevant, rates and prices in the Pricing Document.
Notwithstanding any other provision of this Work Order, the Contractor shall not become entitled to any additional payment for any Variation where the Variation has been instructed on account of any circumstance arising by reason of any error, omission, negligence or default of the Contractor or of the Contractor’s subcontractors or suppliers, or of any of the Contractors or their employees or agents.
- Heading
- Introduction
- Background and Evidence
- Interpretation
- Commencement and Completion
- The Works shall be carried out within standard working hours set out in the Order Information
- The Employer shall determine and notify the Contractor in writing of the date when the Works are complete
- 11 Variations
- Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer
- The Law
- The Issues
- Is the Claimant’s application inappropriate to be decided in Part 8 proceedings?
- Did the email of 24 October 2023 amount to a variation or a cancellation of the Work Order in breach of contract?
- Did the terms of the Work Order allow the implication of a term preventing the Claimant from postponing the works?
- In any event, if there was a breach of any such implied term, is the Defendant precluded from recovering loss of profit or mobilisation and demobilisation costs as a result of
- Conclusions