GRAHAM EVANS CO PTY LTD v S P FORMWORK PTY LTD [1988] NSWCA 56

GRAHAM EVANS CO PTY LTD v S P FORMWORK PTY LTD [1988] NSWCA 56

The word 'contract' in the relevant deed referred to the sub-contract, not the head contract; a sub-contractor may claim extra costs if a deviation from the construction programme or delay was caused by an act, omission, or default of the contractor, principal, or superintendent, regardless of whether such conduct constituted a breach or tort; the appeal must be dismissed as Smart J correctly interpreted these clauses.

Parties
Appellant: Graham Evans Co Pty Ltd; Respondent: S P Formwork Pty Ltd
Jurisdiction
Australia
Judgment Date
30 August 1988
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Interpretation of Deed of Settlement, Claims for Extra Cost Under Sub Contract, Delay and Extension of Time Clauses
Construction Law Contract Law Interpretation of Deed of Settlement Claims for Extra Cost Under Sub Contract Delay and Extension of Time Clauses

Case Brief

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Parties

Graham Evans Co Pty Ltd

Appellant

S P Formwork Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Interpretation of the word 'contract' in Recital L(f) of the Deed of Settlement
  2. 2 Entitlement to extra costs under clause 28(f) of the sub-contract
  3. 3 Entitlement to extra costs under clause 30(h) for delay

Ratio Decidendi

The word 'contract' in the relevant deed referred to the sub-contract, not the head contract; a sub-contractor may claim extra costs if a deviation from the construction programme or delay was caused by an act, omission, or default of the contractor, principal, or superintendent, regardless of whether such conduct constituted a breach or tort; the appeal must be dismissed as Smart J correctly interpreted these clauses.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs