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Construction Law/Variation-Amendement?


Dear Florin,

Hope you are doing fine.

It has been so long since my question last time.

My question today is:

Whether an amendment to a sub-contracting agreement would be required if the main Contractor omits by mutual agreement certain, considerable rather, works? In fact, the agreement took place orally.

Or that a variation Order shall be signed?

What is the difference? Which one should be done- Variation Order or Amendment and how?

Being deeply indebted in advance to hearing your expert advice, as usual of course,  I remain


Hi Alemu,

Good to hear from you, thank you for your new question.

I am not sure I fully understand your "telegraphic" question, but:

1. I suspect you refer to certain works that a Sub-Contractor was supposed to execute.

2. No oral deals!!! Always put everything in writing!!! "Verba volant, scripta manent", which in Latin means words fly, written stays.

Now, I can only assume your sub-contracting agreement is back-to-back with your main contract. As presumably under your main contract, the Employer can omit whatever works they please, except for executing them themselves or hire someone else, so should provide your sub-contracting agreement.

If that is the case, then you simply issue a similar Variation Order, for the sub-contractor to omit those works.

If not, please provide details on that sub-contracting agreement and will gladly develop my answer.

Hope that helps.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

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