Legal Principles And The Hierarchy Of Contract Documentation

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PART-A 1. In the case can the specifications in the contract vary the written terms of the contract Describe the Legal Principles applicable and the hierarchy of contract documentation According to me, In this case the specification in the contract can vary the written terms of the contract. Eiffel builders Inc. and Superinfrastructure were in contract to build a water desalination plant and Eifel was in contract with Aqua engineers to create turbine with specifications. According to the contract the payment was done in three stages. After that specifications service provide specifications to the Eiffel Builders and they had approved the specifications. Subsequently Eiffel refuse to pay. After meeting all the parties,…show more content…
As per contract the Aqua Engineers claimed payment to the Eiffel Builders but they refuse for the payment and they need to change the specification and need a variation in the contract. Aqua engineers could have use the principle of equitable estopped. According to the principle if someone has the contract between them they cannot go back or move away from their promise or contract. In this case Eiffel cannot move back from the contract. Eiffel have to suffer some losses for that and have to pay the Aqua Engineers for their work and should follow the contract. In the case of a Fletcher Construction Limited v Lines MacFarlane & Marshall Pty Ltd, plaintiff has issued the invoice to the defendant but they had not pay full payment. According to the equitable estopped plaintiff claimed that the defendant has not followed the contract and not paying according to the contract so it’s a breach of the contract meanwhile defendant replied that the plaintiff has not continue proficiently. In our case after meeting with all the partied still some clarification was not done between the Eiffel builders and Aqua engineers. Aqua engineers made turbine according to the verbal agreement of the Eiffel Builders but according to the contract the payment was done in the three stages but Eiffel has not followed that and breached of order so Aqua Engineers

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