Variation claims in the absence of required writing

摘要

Almost all construction contracts require that, if a variation of the works is ordered, such an order will be in writing. Often variations are ordered in circumstances where the instruction to carry out a variation by, for example, the superintendent, is not given in writing. In such a case, is the contractor enabled to recover its entitlement under the terms of the contract or must it rely on an action in quantum meruit or is there no entitlement whatsoever? That is to say, is the requirement of writing a matter of procedure or is it mandatory?