Donnelly v Randalls Vautier Ltd. [1991] JLR 49 (19 April 1991)

Donnelly v Randalls Vautier Ltd. [1991] JLR 49 (19 April 1991)

In fixed-price contracts, unless the employer expressly authorizes additional work with full knowledge of supplementary charges, the contractor must bear the cost of such work necessary to discharge contractual liability.

Source-derived case information.

Citation
[1991] JLR 49
Parties
Plaintiff: Donnelly; Defendant: Randalls Vautier Ltd.
Jurisdiction
Jersey
Judgment Date
19 April 1991
Procedural Posture
Civil / Judgment
Outcome
Claim for supplementary charges dismissed
Legal Topics
Fixed Price Contracts, Additional Work, Contractual Liability
Construction Law Contract Law Fixed Price Contracts Additional Work Contractual Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Donnelly

Plaintiff

Randalls Vautier Ltd.

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether additional work under a fixed-price contract must be paid for by the employer if not expressly authorized
  2. 2 Whether contractor can claim supplementary charges for necessary work done to discharge contractual liability

Ratio Decidendi

In fixed-price contracts, unless the employer expressly authorizes additional work with full knowledge of supplementary charges, the contractor must bear the cost of such work necessary to discharge contractual liability.

Court Disposition

Claim for supplementary charges dismissed