Civil Engineering Reference
In-Depth Information
Letter 103
To employer, if disagreement over whether work is a variation or
included in the contract
Special delivery
WITHOUT PREJUDICE
Dear
We refer to your letters of the [
insert dates
] and ours of the [
insert dates
]
relating to [
describe work
]. It is our firm view that this work is not included
in the contract and, therefore, constitutes a variation for which we are entitled
to payment.
We are advised that we can refuse performance of the disputed work until you
authorise a variation. If you continue to refuse to so authorise, we may be
entitled to treat the contract as repudiated and sue for damages.
Without prejudice to our rights, we are prepared to carry out the work,
leaving this matter in abeyance for future determination by adjudication
or arbitration, if you will agree in writing and confirm that you will not deny
our entitlement to payment in such reference if, on the true construction of
the contract, the work is held to be not included.
Yours faithfully
Copy:
Architect
