Industrial Service (Telford) Ltd v Charles Ransford & Son Ltd [2005] EWCA Civ 662 (22 April 2005)

Industrial Service (Telford) Ltd v Charles Ransford & Son Ltd [2005] EWCA Civ 662 (22 April 2005)

The original contract covered only the removal of waste and a small residue of liquid, not the full contents of the tanks. The parties' conduct and correspondence showed that extra work beyond the original contract was to be paid for. The appeal is dismissed and the respondent is entitled to payment for the extra work.

Citation
[2005] EWCA Civ 662
Parties
Claimant/respondent: Industrial Service (Telford) Ltd; Defendant/appellant: Charles Ransford & Son Ltd
Jurisdiction
England and Wales
Judgment Date
22 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Contract Terms, Quantum Meruit, Variation of Contract, Construction of Commercial Contracts
Contract Law Interpretation of Contract Terms Quantum Meruit Variation of Contract Construction of Commercial Contracts

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Parties

Industrial Service (Telford) Ltd

Claimant/respondent

Charles Ransford & Son Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the contract was for a fixed price for all work or only for a limited scope of work
  2. 2 Whether extra work beyond the original contract was agreed to be paid for
  3. 3 Proper interpretation of the contract terms regarding removal of waste

Ratio Decidendi

The original contract covered only the removal of waste and a small residue of liquid, not the full contents of the tanks. The parties' conduct and correspondence showed that extra work beyond the original contract was to be paid for. The appeal is dismissed and the respondent is entitled to payment for the extra work.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay Respondents' costs summarily assessed at £6,500