Thushang Construction CC v Greater Tubatse Municipality (9834/2003) [2016] ZAGPPHC 557 (4 May 2016)

Thushang Construction CC v Greater Tubatse Municipality (9834/2003) [2016] ZAGPPHC 557 (4 May 2016)

The court found that the plaintiff was instructed by the defendant, through its authorised representatives, to commence work on phase 1 and subsequently phase 2 of the project. The evidence established that the quantities provided by the defendant's consultants were underestimated, resulting in additional work and increased costs. The defendant's witnesses failed to credibly dispute the plaintiff's version or produce alternative minutes or evidence. The plaintiff's evidence was comprehensive, logical, and supported by documentation and uncontested certificates. The court accepted that the plaintiff performed work on both phases at the defendant's request and was entitled to payment for...

Citation
[2016] ZAGPPHC 557
Parties
Plaintiff: Thushanang Construction CC; Defendant: Greater Tubatse Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 May 2016
Case Number
9834/2003
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim succeeds with costs.
Judges
M J Teffo
Legal Topics
Construction Contracts, Quantum Meruit, Variation of Contract, Proof of Authority, Interest on Debt
Commercial and Corporate Civil Procedure Construction Contracts Quantum Meruit Variation of Contract Proof of Authority Interest on Debt

Case Brief

Summary, issues, holding and outcome

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Parties

Thushanang Construction CC

Plaintiff

Greater Tubatse Municipality

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff is entitled to payment for work done on phases 1 and 2 of the sports facility project.
  2. 2 Whether the plaintiff was authorised to proceed with phase 2 of the project.
  3. 3 Whether the contract price should be increased due to underestimation of quantities and escalation.

Ratio Decidendi

The court found that the plaintiff was instructed by the defendant, through its authorised representatives, to commence work on phase 1 and subsequently phase 2 of the project. The evidence established that the quantities provided by the defendant's consultants were underestimated, resulting in additional work and increased costs. The defendant's witnesses failed to credibly dispute the plaintiff's version or produce alternative minutes or evidence. The plaintiff's evidence was comprehensive, logical, and supported by documentation and uncontested certificates. The court accepted that the plaintiff performed work on both phases at the defendant's request and was entitled to payment for...

Court Disposition

Plaintiff's claim succeeds with costs.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R643,869.17.
  • Interest at 15.5% per annum a tempore morae from the date of issue of summons is payable on the aforesaid amount.