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N.b. A variation agreement should be developed in accordance with the terms of the underlying contract. Therefore, if third party interest or rights or interest have been granted and/or if the obligations under the underlying contract are guaranteed by a third party, that third party should also sign the modifier agreement. There are several ways to vary an existing contract. Variation can be a Ship of Theseus (or, depending on your frame of reference, Trigger s Broom) problem – how far can the parties vary their contract before it ceases to be the same contract? For example, in a freight delivery contract, the parties could agree that the delivery time of the goods should be reduced by one week in exchange for an increase in payment, while the other conditions will remain unchanged. Such an agreement, if valid, would constitute an amendment to the existing contract. However, a contract may be modified by a verbal agreement or by the conduct of its parties, even if the contract itself contains a „no oral amendment“ clause. This position was recently clarified and confirmed by the Court of Appeal in a case between Globe Motors and RW Lucas Varity Electric Steering Ltd. This position was then consolidated in a case later in 2016 between the status of company operating under the conditions of a market economy business exchange centers and rock advertising.

Most of the changes are made by mutual agreement. It is always helpful to obtain explicit consent, that is, documented evidence that the employee has accepted the amendment. Once a contract has been amended, confirmation of the changed duration or terms must be confirmed in writing within four weeks of the amendment coming into effect. On the other hand, derogations from the performance of this work are generally carried out according to a method of variation established in the contractual conditions. Construction projects are generally so large and take so long that, from an administrative point of view, it is less difficult for the parties to agree in advance on a method of variation, so there is no need to amend the treaty each time the size of the work changes. In this case, the party resulting from the modification of the contract must demonstrate that there is a clear pattern of conduct that is inconsistent with the terms of the original contract and that is consistent only with the parties` agreement to change those conditions.

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