Cases - Wormald Engineering Ltd v Resources Conservation International

Record details

Name

Wormald Engineering Ltd v Resources Conservation International

Date

[1992]

Citation

8 BCL 158

Keywords

Contract - condition precedents - notices - variations - payment for delay and disruption - whether the contractor was entitled to payment for the variation where it had failed to comply with the condition precedent

Summary

In an Australian case the contractor failed to give notice to the employer after a variation order, as required under the contract. The contractor was paid for some of the costs occasioned by the variation by the employer, but subsequently claimed for delay and disruption. It was held, for reasons similar to those in Jennings Construction v Birt, that the giving of notice was a condition precedent to any entitlement for additional payment.