Ans: Thus, the law of quantum meruit means a promise to pay a reasonable fee for the labour and materials provided even if there is no explicit contract.
Ans: Additional work usually comes within the terms of contract and therefore it does not amount to additional payment. It is significant to take into account whether the work done is outside the scope of the construction contract and therefore whether it falls within the ambit of extra work or not. The object and purpose of the construction contract, terms and conditions of the contract and intention of the parties is important to determine whether extra work done by the contractor amounts to an additional payment to the contractor or not. x
Ans: Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC). In Obrascon, it was held that an experienced contractor must make its own assessment of all available data and come to its own conclusions, rather than to ‘slavishly’ accept the information from the employer. Failure to carry out an independent assessment of grounds conditions would disentitle a contractor from claiming damages, and would entitle the employer to terminate the contract for delay on the part of the contractor attributable to ground conditions.
Ans: In R.C. Thakkar v. Bombay Housing Board (1972), incorrect estimates were given in a tender. The contractor, in the belief that the estimate was correct, reduced the costs. The court held that the representations made in the tender amounted to misrepresentation. The defendants could not take the defence that the plaintiff could have deduced the actual costs by reasonable efforts.
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