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Boukendour, S (2007) Preventing post-contractual opportunism by an option to switch from one contract to another. Construction Management and Economics, 25(07), 723–7.

Buckingham, P (2007) International process plant contracts for use on other performance-based projects. Construction Management and Economics, 25(07), 709–13.

Craig, R W and Barnes, W C (2007) Professional employees' exposure to risk of negligence claims from the client. Construction Management and Economics, 25(07), 811–9.

Dagenais, D A (2007) Introduction to good faith in construction contracts. Construction Management and Economics, 25(07), 715–21.

Donohoe, S and Brooks, L (2007) Reflections on construction management procurement following Great Eastern Hotel Company v. John Laing. Construction Management and Economics, 25(07), 701–8.

Gaitskell, R (2007) International statutory adjudication: its development and impact. Construction Management and Economics, 25(07), 777–84.

Gruneberg, S, Hughes, W and Ancell, D (2007) Risk under performance-based contracting in the UK construction sector. Construction Management and Economics, 25(07), 691–9.

Ive, G and Chang, C-Y (2007) The principle of inconsistent trinity in the selection of procurement systems. Construction Management and Economics, 25(07), 677–90.

Ndekugri, I, Smith, N and Hughes, W (2007) The engineer under FIDIC's conditions of contract for construction. Construction Management and Economics, 25(07), 791–9.

Nissen, A (2007) Expert evidence: problems and safeguards. Construction Management and Economics, 25(07), 785–90.

Rameezdeen, R and Rajapakse, C (2007) Contract interpretation: the impact of readability. Construction Management and Economics, 25(07), 729–37.

Shiers, D, Lavers, A and Keeping, M (2007) Indicators of the impact of environmental factors on UK construction law: developments in the new millennium. Construction Management and Economics, 25(07), 821–9.

Twyford, J W (2007) Additional payments under construction contracts. Construction Management and Economics, 25(07), 739–45.

  • Type: Journal Article
  • Keywords: Contracts; variations; consideration; estoppel; economic duress
  • ISBN/ISSN: 0144-6193
  • URL: http://www.informaworld.com/openurl?genre=article&issn=0144-6193&volume=25&issue=7&spage=739
  • Abstract:
    Parties to a construction contract who wish to increase the sum payable under the contract face legal problems. Such transactions are manifest in a promise by the principal or head contractor to pay more. According to traditional contract theory, a promise is not enforceable unless supported by consideration, that is, the party making the promise receives something tangible in return. The courts have attempted to define circumstances where promises that do not strictly comply with this requirement would be enforceable. The issue arose in the English Court of Appeal decision of Williams v. Roffey Bros & Nicholls; the solution, there proposed, depended on the application of subjective tests that are unworkable in the construction industry. Equally, the High Court of Australia in Walton Stores v. Maher proposed a solution that leaves the parties in doubt as to their position. The law as it presently stands is reviewed and the recommendation made that the original contract be replaced by one confirming the new price. Otherwise the consideration requirement needs to be satisfied by a new promise in exchange for the promised additional payment.

Uher, T and Brand, M (2007) A comparative analysis of the operation of 'compulsory rapid adjudication' in New South Wales and New Zealand. Construction Management and Economics, 25(07), 765–75.

Wang, J, Liu, J and Huang, L (2007) Study on the professional liability insurance system of the supervision engineer in China. Construction Management and Economics, 25(07), 801–10.

Ward, P, Sher, W, Gameson, R and Aranda-Mena, G (2007) Innovative protocols and technologies as a means of complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia. Construction Management and Economics, 25(07), 747–63.