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9. Contract contains a clause requiring all changes and additions to be in writing. Owner frequently...

9. Contract contains a clause requiring all changes and additions to be in writing. Owner frequently asks for changes and additions but never supplies a written request. Has the provision been waived? What should a contractor do in this situation?

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Answer #1

Yes. The provision is waived since the contract clearly mentions documenting the changes and additions in writing. Hence, the contract is waived.

In such cases, the contractor should discuss with the owner to understand the importance of the contract and the implications of not following the terms mentioned in the contract. the written document should be requested by the contractor for any further changes or additions to be made in the contract so as to document those changes and additions. In case of not adherence to such terms by the owner, the contractor can choose to discard any additions or changes in the contract.

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