Supplemental Agreement Jkr

by admin on April 12, 2021

In such cases, it is not uncommon for the employer`s lawyer or legal counsel to develop an endorsement that the contractor and the employer sign to deal with the additional work. If the work is started by the instruction of an architect, there is no problem, because the work is part of the work and covers all the conditions of the existing contract, which the parties have already carried out, the additional work. If the work is completed with an endorsement, it is essential that the endorsement include the additional work in the terms of the original contract. If this is not the case, the endorsement can only be considered by the courts as a stand-alone contract with no direct connection to the original contract. The result would be that the architect, unless specific provisions were included in the endorsement, did not specify in the agreement in question the scope of the additional work, specified that it should be considered part of the work carried out under the original contract and make all necessary adjustments because of the complementarity of the work. For example, it is necessary to adjust the amount of the contract and change the completion date of the work. There are other petty things to consider, but the essential principle is that extra work should be part of the original works. Too often, an endorsement that ignores these points leaves the architect in an impossible position since he has no powers under the endorsement, but with an employer who expects the management of the contract to be carried out in the usual way, both for the initial work and for the additional work. It is important that, when an endorsement is considered, the employer and the contractor mandate a legal representative who, according to experience, works in construction contracts, to develop and approve the contents of an endorsement.

If the employer decides, during the progress of the work, that additional work is needed so important or so important that it does not consider it appropriate to simply obtain an architect`s instruction, it can work towards it by a complementary agreement.

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