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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32939
Experience:  Award winning lawyer with over 15 years experience
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I signed a contract with builder to complete some building

Customer Question

I signed a contract with builder to complete some building work. Work included erecting fence. Builder was unable to put fence in required location due to ground conditions. I asked builder to put fence in another location. He asked me to put instruction in writing which I did. Builder started fence but never completed it. When it came time to pay the retention on the contract I indicated it would be paid when fence was complete. He said I could not withhold retention on grounds of fence not being completed because the instruction I issued to put fence in different location formed a new contract and fence was no longer part of original contract. Is he right.?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
It will come down to the actual terms of the written contract which you entered into - but from what you have said it would appear to suggest that all you did was vary the specifics of the contract rather than enter into a second contract. Please remember to rate positively.
Expert:  Thomas Judge replied 1 year ago.
I hope this helps. Please remember to rate positively.