Cases - Tersons Ltd v Stevenage Development Corporation (1963)
Record details
- Name
- Tersons Ltd v Stevenage Development Corporation
- Date
- (1963)
- Citation
- 5 BLR 54 CA
- Legislation
- 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
-
Under clause 52(2) of the ICE Conditions of Contract (4th edition), a contractor was obliged to give notice in writing to the defendant's engineer when claiming extra payment. Under clause 52(4), the contractor was further required to give notice to the engineer on a monthly basis of any additional expense claimed. Some six months after receiving a drawing, the contractor gave notice of its intention to seek additional payment.
The Court of Appeal upheld the arbitrator's decision that compliance with clause 52 was a condition precedent to any variation and that even though no monthly notice was ever given, the contractor had given adequate notice on this particular occasion by doing so as soon as was practicable.