What you are saying is logical and what is supposed to happen. Now you have to prove it. You will need to read the Conditions of the 1st Contract very carefully, try to find clauses that will cancel your free work in case that the client does re-tendering.
It seems to me that you are trying to work in good faith and the client is trying to squeez the whole lemon. You always have two options; Contractual and Legal. First you need to find all the possible contractual soluations. Usually you have a Conflict Resolution procedure that can take place if the two parties differ. Please read your Conditions of Contract and Familiarize yourself with it.
If you agreed to do something free, then it should not be a major issue to the management. But with the reduction of unit prices, it is eating from the profit margin. Maybe you need an upper managment decision regarding this issue to pave the way for future works.
with kind Regards,
Samer
Member for
16 years 1 month
Member for16 years1 month
Submitted by Steve Silvantino on Tue, 2009-10-06 06:23
Thanks for the advice, but are they contradicting each other.
Mike,
You are right, it is a bit of a "mess". Ireland does also follow UK law quite closely but is not as litigious.
Samer,
"Since you submitted your new unit prices willingly in your 2nd contract, then you have to work by them. This is a given." We fully intend to work with these prices as per the 2nd contract.
"If you have a written agreement with your client that you will complete the phase 2 variations free of charge, without refering to the Contract of the 2nd phase, which is most probably the case, then you will have to complete what you have written and agreed upon." Samer, you are correct that we agreed in writing to complete the Phase 2 variations free of charge, however this agreement was based on the original contract rates, which were higher than the revised contract rates. When we agreed to this, there was no mention of a revised contract being required. Does this not contradict the "Counter Offer - Original Offer Void" rule?
Thanks again for any comments. Im finding this forum really useful since I found it recently.
Steve
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Tue, 2009-10-06 00:38
The answers will be in the Conditions of Contracts for the 2nd Contract.
Since you submitted your new unit prices willingly in your 2nd contract, then you have to work by them. This is a given.
If you have a written agreement with your client that you will complete the phase 2 variations free of charge, without refering to the Contract of the 2nd phase, which is most probably the case, then you will have to complete what you have written and agreed upon.
Fortunately, you can seek legal advice in this case, because under the law, in all countries, you will clauses that will protect you from getting broke especially when you have these financial crisis.
Member for
17 years 3 monthsRE: Re-negotiated Contract - Agreements still binding?
Dear Steve,
What you are saying is logical and what is supposed to happen. Now you have to prove it. You will need to read the Conditions of the 1st Contract very carefully, try to find clauses that will cancel your free work in case that the client does re-tendering.
It seems to me that you are trying to work in good faith and the client is trying to squeez the whole lemon. You always have two options; Contractual and Legal. First you need to find all the possible contractual soluations. Usually you have a Conflict Resolution procedure that can take place if the two parties differ. Please read your Conditions of Contract and Familiarize yourself with it.
If you agreed to do something free, then it should not be a major issue to the management. But with the reduction of unit prices, it is eating from the profit margin. Maybe you need an upper managment decision regarding this issue to pave the way for future works.
with kind Regards,
Samer
Member for
16 years 1 monthRE: Re-negotiated Contract - Agreements still binding?
Hello guys,
Thanks for the advice, but are they contradicting each other.
Mike,
You are right, it is a bit of a "mess". Ireland does also follow UK law quite closely but is not as litigious.
Samer,
"Since you submitted your new unit prices willingly in your 2nd contract, then you have to work by them. This is a given." We fully intend to work with these prices as per the 2nd contract.
"If you have a written agreement with your client that you will complete the phase 2 variations free of charge, without refering to the Contract of the 2nd phase, which is most probably the case, then you will have to complete what you have written and agreed upon." Samer, you are correct that we agreed in writing to complete the Phase 2 variations free of charge, however this agreement was based on the original contract rates, which were higher than the revised contract rates. When we agreed to this, there was no mention of a revised contract being required. Does this not contradict the "Counter Offer - Original Offer Void" rule?
Thanks again for any comments. Im finding this forum really useful since I found it recently.
Steve
Member for
17 years 3 monthsRE: Re-negotiated Contract - Agreements still binding?
Dear Steve,
The answers will be in the Conditions of Contracts for the 2nd Contract.
Since you submitted your new unit prices willingly in your 2nd contract, then you have to work by them. This is a given.
If you have a written agreement with your client that you will complete the phase 2 variations free of charge, without refering to the Contract of the 2nd phase, which is most probably the case, then you will have to complete what you have written and agreed upon.
Fortunately, you can seek legal advice in this case, because under the law, in all countries, you will clauses that will protect you from getting broke especially when you have these financial crisis.
With kind regards,
Samer
Member for
19 years 10 monthsRE: Re-negotiated Contract - Agreements still binding?
Hi Steve
What a mess.
The route to a contract comprises Invitation - Offer - Agreement.
Following this the usual rule in the UK is - Invitation - Offer - Counter Offer - Original Offer Void.
I think Ireland follows UK law quite closely.
My best advice is get a local legal opinion before going any further.
Best regards
Mike Testro