Damaraland Builders CC v Ugab Terrace Lodge CC (2803 of 2007) [2011] NAHC 142 (27 May 2011)

Damaraland Builders CC v Ugab Terrace Lodge CC (2803 of 2007) [2011] NAHC 142 (27 May 2011)

The plaintiff proved the contract price was N$1,456,956.00, and the defendant failed to prove an oral amendment shifting responsibility for materials. The plaintiff completed the work, with any delay caused by extra work requested by the defendant. The defendant is not entitled to penalties. The contract price is reduced by the value of materials not supplied by the plaintiff, resulting in judgment for the plaintiff for N$519,644.83 plus interest and costs.

Citation
[2011] NAHC 142
Parties
Plaintiff: Damaraland Builders CC; Defendant: Ugab Terrace Lodge CC
Court
High Court
Jurisdiction
Namibia
Judgment Date
27 May 2011
Case Number
2803 of 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Building Contracts, Contract Interpretation, Quantum Meruit, Penalty Clauses, Amendment of Contract, Burden of Proof
Source Language
English
Contract Law Civil Procedure Building Contracts Contract Interpretation Quantum Meruit Penalty Clauses Amendment of Contract Burden of Proof

Case Brief

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Parties

Damaraland Builders CC

Plaintiff

Ugab Terrace Lodge CC

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What was the agreed contract price between the parties?
  2. 2 Was the contract orally amended to shift responsibility for material purchases to the defendant?
  3. 3 Is the plaintiff entitled to payment for work performed?

Ratio Decidendi

The plaintiff proved the contract price was N$1,456,956.00, and the defendant failed to prove an oral amendment shifting responsibility for materials. The plaintiff completed the work, with any delay caused by extra work requested by the defendant. The defendant is not entitled to penalties. The contract price is reduced by the value of materials not supplied by the plaintiff, resulting in judgment for the plaintiff for N$519,644.83 plus interest and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Payment of N$519,644.83 to the plaintiff
  • Interest at 20% per annum from date of judgment to date of payment