IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Log in (now much improved!) to save this article

Additional payments under construction contracts

Listed author(s):
  • John Wilson Twyford
Registered author(s):

    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.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://www.tandfonline.com/doi/abs/10.1080/01446190701429804
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Article provided by Taylor & Francis Journals in its journal Construction Management and Economics.

    Volume (Year): 25 (2007)
    Issue (Month): 7 ()
    Pages: 739-745

    as
    in new window

    Handle: RePEc:taf:conmgt:v:25:y:2007:i:7:p:739-745
    DOI: 10.1080/01446190701429804
    Contact details of provider: Web page: http://www.tandfonline.com/RCME20

    Order Information: Web: http://www.tandfonline.com/pricing/journal/RCME20

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:taf:conmgt:v:25:y:2007:i:7:p:739-745. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Chris Longhurst)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.