Imprefed (Pty) Ltd. v National Transport Commission (13/91)
Imprefed (Pty) Ltd. v National Transport Commission (13/91) [1993] ZASCA 36; 1993 (3) SA 94 (AD); [1993] 2 All SA 179 (A) (22 March 1993)
The Supreme Court of Appeal held that the appellant's claims for additional remuneration, loss of productivity, and overheads were not sustainable under the contract. The contract was a rate and measurement contract, and the agreed rates or contract rates governed all remuneration for work done, including variations and extra work. The appellant's attempt to claim additional compensation based on fairness, more onerous conditions, or the Engineer's recommendations was rejected, as the contract provided exclusive remedies and mechanisms for payment. The pleadings did not permit reliance on con…
Source excerpt
- Construction Contracts
- Variation Orders
- Remuneration Under Contract
- Pleading Precision
- Damages For Breach
- Quantification Of Claims