Construction Law/FIDIC LOA & Contract Documents
We tendered on the basis of a BoQ with Particular Conditions identified. There was a negotiation process resulting in a letter of award and we started work. Contract documents were given to us for signature about 2 months after start of work and we duly signed (without doing a full check on the contract details as this had already been done at tender stage)
It is now apparent that a number of the particular conditions have been changed by either the Consultant or Client or both (to our detriment) but there was never any discussion or notification of these changes that have now been discovered.
Can we be bound to these changes even though we started the contract based on a letter of award that related to the earlier conditions that were in the tender document?
Thank you for this question.
This type of occurrence is one that I am being asked about very regularly. Whilst it is unconscionable conduct for an Employer materially to amend the terms of the contract and not advise, it is very poor practice of contractors not to read the contract and check it against the prior information and clarifications.
Whilst I can suggest that in this situation you have a right to claim for amendment and/or variation of the contract from the tender basis, I would need to be certain on the facts of any interim discussions and the wording of the contract to be certain as to the Employer being wholly liable.
I hope that this assists you.
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