Cases - Whitaker v Dunn

Record details

Name
Whitaker v Dunn
Date
(1887)
Citation
3 TLR 602
Keywords
Contracts - price - works failing to meet specification - payment - whether the contractors were entitled to payment
Summary

The contract was to construct a floor to a laundry to consist of a kind of granite concrete of a certain thickness, so as to form a hard and homogeneous flooring to 3 rooms, to be paid at so much per square yard and paid upon completion. The project manager, to whose satisfaction the work was required to be, stated that in relation to 2 rooms the work was not to specification. The contractor sued for the price of the work. The Court considered that as the work had not been carried out to the required specification, the contractors were not entitled to payment.