When the parties amend a contract in writing, it is generally easy for a party to assert its rights to prove the modification agreed by reference to a modification agreement or the exchange of emails. Similarly, a party invoking an oral amendment should be able to determine how the amendment agreement was concluded. However, if a party claims that a contract was different in behavior, the cases can be a little more complex. This distinction can be important – if the amended agreement deviates significantly from the original contract, it can be considered by the Tribunal as a new agreement, so that the original contract is annulled. This could have unintended consequences if a party wished to invoke a provision of the original contract that might not be reproduced in the new agreement. Amendments to a construction contract are usually made by written agreement between the parties and are modifications to the contractual provisions without the extent of the work to be carried out. An exception to this general rule is that a contract that is prescribed by law is to be concluded or proven in writing – for example, consumer credit or consumer leases – can only be amended in writing. Waiver is understood when one of the parties voluntarily accepts an invitation from the other party not to insist on the precise method of performance described in the contract. In these circumstances, it can be said that this party has waived its right to insist on performance in this particular way. A waiver may be made orally, in writing, or even by conduct, so that a party may waive its right (or be considered not) to rely on a written amendment if the manner in which it acted under the treaty has been altered by an oral agreement. A project modification agreement will essentially be available as defined in Annex 3 to this Agreement. A concession granted by one party to the other party for the comfort and demand of that party is therefore not a change. In the absence of such consideration, an amendment may be made by the act.
On the other hand, derogations from the execution of these works are generally carried out according to a modification procedure laid down by the terms of the contract. . . .
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