New South Wales Consolidated Acts

PUBLIC WORKS ACT 1912 - SECT 38

38 Contracts how made

(1) All contracts referred to in subsections one and two of section thirty-seven of this Act may be made as follows, that is to say:

(a) with respect to any contract which, if made between private persons, would be by law required to be in writing and under seal, the Constructing Authority or the Minister, as the case may require, may make such contract in writing and under seal, and in the same manner may vary or discharge the same,

(b) with respect to any contract which, if made between private persons, would be by law required to be in writing and signed by the parties to be charged therewith, the Constructing Authority or the Minister, as the case may require, may make such contract in writing, and in the same manner may vary or discharge the same,

(c) with respect to any contract which, if made between private persons, would by law be valid although made by parol only and not reduced into writing, the Constructing Authority or the Minister, as the case may require, may make such contract by parol only without writing, and in the same manner may vary or discharge the same.

(2) All such contracts so made shall be effectual in law and shall be binding upon the Constructing Authority, or the Minister, on behalf of the Crown, and all other parties thereto, their heirs, executors, or administrators, as the case may be; and on any default in the execution of any such contract either by the said Authority or the Minister, or any other party thereto, such actions or suits may be brought either by or against the said Authority, or the Minister, as might be brought had the same contracts been made between private parties.