Mourant

IBA 2020 - Virtually Together

2 Nov - 27 Nov 2020

Session information

The pendulum swings both ways: use and abuse of variation provisions in construction contracts

Tuesday 17 November (1600 - 1700)

Committee(s)

International Construction Projects Committee (Lead)

Description

Variation or change procedures in construction contracts are common although take many forms. Often they are drafted in order to allow the Employer to manage the risk of informal changes issued on site and resulting in delays or additional cost. Some are prescriptive in their requirements with a set of steps required as a condition precedent to any change instructions being valid. However, the operation of these provisions in practice can often be different to the letter of the contract, for example, informal discussions on site or in meetings where change is 'instructed' notwithstanding the provisions and then acted upon, followed by disputes as to entitlement to payment for work undertaken as a result. This session will consider how these clauses operate in practice, how they can be used and abused and what are the rights and obligations of the parties in these circumstances.

Session / Workshop Chair(s)

Murray Armes Armes ADR, Surrey, England
Professor Douglas Jones AO Sydney Arbitration Chambers, Sydney, New South Wales, Australia

Speakers

Alex Bevan A&O Shearman, London, England
Jonathan Daniel Rhys Parker Clyde & Co, Doha, Qatar
Olusina Sipasi AELEX, Lagos, Nigeria