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Advice - Package B 21.12.18

The document discusses a dispute between PERKESO and Wiseyes regarding the delivery of Package B. It analyzes the contract terms and definitions related to deliverables, plans, documentation and sign-offs. It concludes that based on the contract terms and PERKESO's approval and sign-off of the plans and documentation for Package B, PERKESO is now bound by the terms of the contract and cannot dispute what was already approved unless there was fraud or misrepresentation.

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euphonies committee
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28 views1 page

Advice - Package B 21.12.18

The document discusses a dispute between PERKESO and Wiseyes regarding the delivery of Package B. It analyzes the contract terms and definitions related to deliverables, plans, documentation and sign-offs. It concludes that based on the contract terms and PERKESO's approval and sign-off of the plans and documentation for Package B, PERKESO is now bound by the terms of the contract and cannot dispute what was already approved unless there was fraud or misrepresentation.

Uploaded by

euphonies committee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Issue: PERKESO is now disputing that what we will be delivering on 1 st January 2019 is not the

entire Package B but only part of the Package B.

1. The definition of “Plan and Documentation: means all plans and documentation produced by
Wiseyes for this use in connection with this Project.
2. Schedule 8 provides for the deliverables of either Package B or C, however, nothing specific has
been spelled out in detail about the deliverables to be provided by Wiseyes under Package B or
Package C.
3. The definitions of Scope of Work and Deliverables lay down the scope of services and deliverables to
be provided by Wiseyes.
4. Schedule 5 further provides as follows:
 Wiseyes shall plan all activities related to the project scope of works;
 Ensure all Deliverables are submitted and signed off by Perkeso’s Project Manager; and
 Acceptance and sign off of all the identified deliverables by Wiseyes and PERKESO.

5. Likewise, clause 5.1.1(b) and 5.1.1(c) provide that all documentation and plans shall be signed off for
approval by Perkeso’s Project Manager and Wiseyes is only required to amend and/or rectify (if so
required) prior to such sign off.
6. Therefore, on completion of the Project Manager’s approval and sign off, Wiseyes has no obligation
to rectify or amend any of the plans or documentation which have been duly signed off.
7. S.40 CA - When performance is due, refusal to perform would amount to a breach in contract.
8. The general principle of law, of course, is that a party who signs a written contract is bound by the
terms of the contract, except in the limited cases where fraud, undue influence, or
misrepresentation may be established.
9. The law is so strict that even if a party to a contract has not read the contents of a contract, he is
held to be bound by its terms.
10. On the basis thereof, in the absence any fraud, misrepresentation, coercion, duress and the fact that
the relevant Plans and Documentation for Package B had already been properly signed off and
approved by Perkeso, Perkeso is now estopped from going back on its promises and shall be bound
by the terms of the contract.
11. It is immaterial whether Perkeso does or does not fully understand the terms of the contract
because evidence points to the fact the Perkeso was allowed ample time to review and sign off the
Plans and Documentation for Package B and, Perkeso has never raised any dispute after the sign off,
not until recently.
12. Perkeso’s conduct shows that its approval on Package B is absolute and unqualified and it is not a
conditional approval and hence, cannot be varied unless with the mutual consent of the parties.

13. As for Clause 22 and Schedule 13, these provisions provide for any matter, issue or dispute to be
referred to the Committees, in that regard either party may do so if the party interested so deemed
necessary. Nevertheless, the Dispute Resolution Committee shall endeavor to settle the matter or
issue amicable thereafter and followed by reference to Arbitration.

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