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Streetwise Answers

Streetwise

We have been instructed by a Contractor to carry out additional work but his instruction says "This Instruction Does Not Necessarily Constitute A Variation To Your Contract or Entitle you To Payment". We are concerned we aren't going to get paid. Do we have to carry out the additional works?

Jeff Stone - Specialist Roofing Contractors Birmingham


Hi Jeff,

The answer is that it all depends on what the contract says. As you haven't told me what the form of contract is I will give you some general thoughts and then you can either post again on Ask Streetwise, or use Streetwise Confidential.

Most contracts are drafted on the basis that you have to comply with the Contractor's/Client's instructions. If on an objective analysis these instructions then amount to a variation they should be valued fairly.

The key concepts there are an "objective analysis" and "valued fairly". Most Stabards aren't too keen on either!

Some forms of contract provide for you to make reasonable objection to complying with instructions. Is there any particular reason why you are concerned about getting paid? For Instance have they refused to value other variations?

Best regards,

Streetwise.


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