Essential law: Variations, part four

By James Worthington and Vanessa Jones 2020-09-04T05:00:00

Continuing our series on the basics of construction law, James Worthington and Vanessa Jones address the scope to omit works under a building contract

As a general rule, the starting point is that there is no common law right in building contracts to omit works from the agreed scope. The courts have held that a contractor has both an obligation to do the works instructed under a building contract, and a corresponding right to be able to do those works.

This principle protects the contractor from a situation where it has, for example, turned away work or procured specialist equipment on the basis that it will be carrying out the work agreed under the building contract in the amounts specified in the contract. If an employer had free rein to omit those works, the contractor could be exposed to significant losses.

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