The only explanation I can come up with for why so many construction projects start without a written contract is that the industry is full of optimists. Nobody expects to fall out. In fact, it is so common for parties to start work on the basis of an oral contract that parliament decided to allow parties to an oral construction contract to have the protection afforded by the Construction Act, when it was amended in 2011. However, the recent spate of cases involving oral contracts remind us just how risky that can be.
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