Cases - Hersent Offshore SA and Amsterdamse Ballast Beton-Waterbouw BV v Burmah Oil Tankers Ltd (CIP)

Record details

Name
Hersent Offshore SA and Amsterdamse Ballast Beton-Waterbouw BV v Burmah Oil Tankers Ltd (CIP)
Date
(1979)
Citation
10 BLR 1
Keywords
Contract - extra work - notices - condition precedents - variations - extra payments - whether the clause 52 of the ICE Conditions of Contract (4th edition) was a condition precedent to any variation under the contract - whether adequate notice had been given - ICE Conditions of Contract (4th edition)
Summary

In considering a claim arising out of an agreement for the construction of a crude oil transhipment terminal which was in substantially the same form as in Tersons Ltd v Stevenage Development Corporation, it was held that 'unless the claimants could excuse failure of compliance on the ground of waiver, they had to conform to the requirements of the final proviso of clause 52 as to giving notice of intention to claim extra payment.'