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Clause 34
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Question 1

The final account was prepared and issued to me the contractor after the employer informed the professional team that he was satisfied with it. I signed acceptance thereof and requested the issuing of the certificate of final completion and the final payment certificate. I have now been informed that the employer has had “second thoughts” and has changed some amounts and has requested that the “revised” final account be signed. Am I obliged to accept his action?

Ref: P34.001

Answer

It is a basic principle of law that a legally binding agreement cannot be changed by one party without the consent of the other. I believe that the “offer and acceptance” of the final account complies with this principle. I have no doubt that you should not accept the retraction of his “offer” and should declare a dispute which I believe you will win “hands down” I suggest that you seek legal advice in taking such action.