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3. You are a Contract Manager for a Contractor who has entered into a design and build contract to build a hotel complex. The Architect/Contract

3. You are a Contract Manager for a Contractor who has entered into a design and build contract to build a hotel complex. The Architect/Contract Administrator has given a written instruction for you to use a large quantity of spoil from the works, originally designated to go to tip, to be deposited on site and landscaped to form an adventure playground. The adventure playground area includes a part of the site where the piling subcontractor S will be working. The Employer is keen for the adventure playground to be completed as soon as possible so that the grassy areas will have become established prior to completion of the whole of the works. You do not have the resources to comply with the "adventure playground" instruction at this time but you are keen to impress the client for potential future works and would like to carry out the works later in the project. Discuss and advise. Your response should be informed by cases such as Blue Circle Industries v. Holland Dredging Co [1987] 37 BLR 40; McAlpine v McDermott. Use the same cases in "A" above, or any other relevant cases to discuss how the courts will decide whether additional work is a variation or a separate contract in its own right.

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