27 Mar 2013
ANDREW ANGUS MCFARLANE v DICKSON MARINE (REFITS) LIMITED HC NEL CIV-2012-442-375
- Citation
- openlaw-ad427dc5_02ed_42b1_81eb_336e904f48a3.pdf
- Court
- High Court
The promise to supply weekly updates was an express contractual term; its breach deprived the owner of the opportunity to manage scope and cost. The proper remedy in the defended claim was to set off against the invoices the difference between amounts charged and the reasonable price for the work as proved by evidence. A counterclaim was not required. Applying expert evidence and concessions, the invoiced total was reduced by $15,652.77 and judgment was entered for the respondent for $9,093.52.