![]() ![]() Thus, a contract cannot be varied simply because it has become more onerous. This is an exception to the rule under Art 1764(1). On the other hand, courts are entitled to vary administrative contacts. For equity considerations variations may be made. The contracting parties may not agree to the effect that the administrative authority cannot unilaterally modify the contract.Ĭourts may vary a contract based on different considerations. The imposition by the administrative authorities is irrevocable even by an otherwise stipulation in a contract.Unilateral revisions may entitle the contractor to cancel the contract “where the increase or reduction of the work required by the administrative authorities involves a variation of more than one-sixth of the cost mentioned in the contract.” new works may not dictate new ways of performing them,ġ.6. ![]() new works may not imply imposing tasks which completely differ in terms of object from the work mentioned in the contract,ġ.5. new works under Art.3284 involve payment of compensation and they are conditioned on the sameġ.4. those changes under Art.3283(1) may not affect the financial position of the contractor,ġ.3. the changes under Art.3283(1) may affect only the provisions which affect the arrangement of the public works,ġ.2. There however reservations held by the law with this respect. They may even order the contractor to perform works not even mentioned in the contract. “During the currency of the contract… the administrative authorities may impose unilaterally upon the contractor changes in the original conditions of the contract” (Art 3283 (1).This right of administrative authorities makes them special parties to a contractual arrangement. Unilateral Modification: The administrative Authorities Now the contractor wants to know your position as to the possibility of constructing the stairs as of self help. And it was in the design that the stairs were missing. Because the contract was a build- only contract, the design was made by another contractor to whom the contractor at hand has no legal relation. After the completion of the significant portion of the complex, the contractor came across a silly still critical omission in the building- the complex has no stairs. The Ministry of Defense has entered in to a contract with a domestic construction company to construct a military complex which incidentally involves the residents of over twelve hundred military officers. ![]() They would rather simply compensate the contactor. In this case, administrative authorities will not have the chance of canceling the contract. However, if the supplementary work is very necessary in the absolute sense, and of an urgent nature, the contractor should initiate the work without a requisition order. if it simply compels the contractor to perform a supplementary work not mentioned in the contract, in this case he may initiate the work after having obtained a requisition order. If the difficulty is not that much material or of an abnormal nature i.e. However, administrative authorities have one choice -preferring to cancel the contract. If the conditions mentioned under 3286(1) are fulfilled, Art.3286 (2) obliges administrative authorities to bear part of the exceptional expenses. What makes the modification unilateral probably is the fact that the administrative authorities are placed in a situation they cannot question the validity of the request. Hence, the contractor should encounter material difficulties of an absolutely abnormal nature, unforeseeable at the time of the contract. Even this right of requiring revision is conditional upon other issues mentioned under Art. Rather the contractual right extends only to requiring the revision of the contract. What we have under Art 3268 is not unilateral modification of the contract. Even under normal course of things, a contract can be varied only by a court of law (Art 1763). a right to unilaterally modify a contract to the contractor. In the strict sense our civil code does not provide such a right i.e. The right to unilaterally modify the contract is not a privilege operative in favor of the contractor. ![]()
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