What to do when things go wrong

There are various remedies outside of the contract that might be available when the variation procedure has not been complied with. These include:

  • restitution or quantum meruit – a contractor deprived of contractual entitlements might be able to claim compensation because the principal has been unjustly enriched by performance of the variation;
  • the Competition and Consumer Act 2010 (Cth) (formerly, the Trade Practices Act 1974 (Cth)) – either party might claim to be entitled to remedies in reliance upon the conduct of the other party;
  • waiver / estoppel / promissory estoppel – either party might allege reliance, to its detriment, on conduct of the other party.

These remedies are discussed in detail in Chapter 20 - Claims outside the contract.

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Reviewed 11 July 2014