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Unachievable variation to a contract?

Re: Unachievable variation to a contract?

Postby Thomas&22 » Wed Mar 09, 2016 12:25 pm

Dear All

An update. Common sense has prevailed. B had discussion with A and notified him that if he did start the work, then he would utilise Clause X within the contract at appropriate points during construction, which allows B to notify of a delay to the schedule without receiving a financial penalty for late works. There are some points about reasonableness etc and a few other points to cross off, but this clause does help B.

Result = A has issued a revised contract based on the original 52 week schedule as agreed, with the 'can amend schedule at any point' clause removed.

Thank you for all your comments and suggestions.
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