Supplemental and settlement agreements in the performance of construction contracts and their implications for subsequent adjudications

This is an accepted manuscript of an article published by Sweet & Maxwell in Construction Law Journal in March 2021. The accepted version of the publication may differ from the final published version.Parties to construction contracts constantly negotiate a myriad of matters concerning their existing contracts. Examples include: variation of an existing contract; additional works as a separate contract; call off contracts under framework agreements; settlement of existing claims; and amicable settlement of disputes. Such negotiation options may lead to a scenario of multiple contracts between the parties under which disputes may arise. This paper critically examines the issues associated with adjudication in such a multi contract scenario and how they have been decided by the court. It is hoped that, by providing in one place understanding of the range of solutions in the most commonly encountered factual contexts, it will be a useful reference for parties to construction contracts, their advisers and adjudicators