May a dispute about an oral variation be referred to statutory adjudication?
For a construction contract governed by the post-1 October 2011 regime in England and Wales, an alleged oral variation can fall within statutory adjudication. That does not establish that the variation is legally effective.
The adjudicator may decide the dispute, but the party relying on the oral variation must still prove a binding amendment
Repeal of the former writing restriction means that an oral variation to a qualifying construction contract can be considered in statutory adjudication under the amended regime. The adjudicator must still decide whether the alleged agreement was made, whether the speakers had authority, whether consideration or another legal requirement is satisfied, and whether the contract required variations to be written and signed. Rock Advertising confirms that no-oral-modification clauses are legally effective, subject to any established estoppel. Historic contracts remain subject to the former jurisdictional rules.
| Issue | Position |
|---|---|
| Post-1 October 2011 contract | Oral-variation dispute may be adjudicated |
| Historic contract | Former writing rules may exclude referral |
| Alleged oral agreement | Existence and terms must be proved |
| No-oral-modification clause | Generally legally effective |
| Estoppel | Requires the applicable legal test and evidence |
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