Cases - Patman and Fotheringham v Pilditch

Record details

Name

Patman and Fotheringham v Pilditch

Date

(1904)

Citation

BC 368

Keywords

Contract - lump sum - contract to construct according to plans and bills of quantities - plans and bills of quantities inaccurate - increase in quantities - entitlement to extra payments - whether the contractor was entitled to additional payment for the increase in quantities

Summary

The claimant contractors were engaged by the defendant to construct a block of flats 'according to plans ... and bills of quantities ...' which had been prepared by the defendant. A term of the contract provided that, 'the contractors shall supply everything of every sort and kind which may be necessary and requisite for the due and proper execution of the ... works.' The estimate of quantities was wrong in such a way as would (had the proper quantities been provided) have affected the contract price. The Court held that the quantities were introduced into the contract as part of the description of the work, and that therefore, if the contractor is required, in order to complete the work, to do more than is in the quantities, he is entitled to have that as extra.