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Contract law help

If, for example, B pays A to make something by a certain date and A agrees but fails to finish by the specified date due to unforeseen extra costs but then A says if you pay me a little more I will finish by the date you wanted and B agrees, would this be known as a counteroffer? So now there is a different contract and A cannot simply pay the initial amount as he'd be breaching the terms of the new contract? I'm not too sure if this would be known as a counteroffer or not and can't find much on the matter. Thank you

Reply 1

Theosuffix

I took my contract exam 3 years ago but I would say yes - this seems to be to be a classic example of a counter-offer manoeuvre.

Reply 2

sumiukas

No, it would not be a counter offer. The bilateral contract was formed when A and B agreed upon terms and exchanged considerations. Now what you need to look at is William and Roffey for the exception to past consideration.