Situations where a contractor performs additional work under a
construction contract occur often in practice. In such a situation
various questions arise. Is the contractor obliged to perform
additional work? Does he or she have the right to demand payment
for it and how can he or she reduce the potential risks of not
being paid? Let's examine these questions.
Let's begin with an example from our recent experience.
A Contractor concludes a contract for construction with a
Customer, the terms of which establish that he will receive a fixed
sum in return for the completion of a certain amount of work. In
the course of performing the work, the Contractor discovers that
the project documentation does not contain a certain necessary
amount of work (for example, instructions are missing regarding a
certain aspect of the work, meaning that the facility cannot be
constructed). Not all the costs associated with the work in
progress were included in the estimate. Despite the
