ABSTRACT
Ensuring that the right Key Performance Indicators are inserted in the contract is another challenge for organisations. All the tender requirements do not match the requirements in the contract, or are simply not accounted for. Contract management software has become widely available and provides an excellent means of controlling costs and minimising the risk of missing deadlines. However, contract management software cannot adequately address all issues relating to the lifecycle of a contract. For example, contract variation might arise not from an express amendment but from conduct amounting to waiver or setting up estoppels preventing a party from insisting on compliance with a particular obligation. The law remains unclear as to the possibility of oral variation where a contract includes a clause stating that variation must be in writing. Relevant conduct can include an oral representation made by an employee.
