chapter  7
20 Pages

Duty to Vary

It may be dicult to proceed with the works unless they are varied The question arises whether, in such circumstances, the employer can be said to be under an obligation to agree to vary the works.

Whether such a duty arises depends, to a large degree, on whether the need to make the change has arisen because of a factor that is the contractor’s responsibility or the employer’s responsibility. Therefore, whilst section B of this chapter considers both express and implied duties generally, sections C and D deal with the specic situations where the contractor or employer is responsible for the need to make the change.1