Commentary

148 Employer’s right to damages

BUILDING AND ENGINEERING vol 5
| Commentary

148 Employer’s right to damages

| Commentary

148 Employer’s right to damages

Where the contractor fails altogether to complete the contract works, the normal measure of damages for the employer is the direct loss suffered, including the cost of completing the outstanding work less the amount which would have been payable to the contractor in respect of that work1. Where the contractor’s breach consists of late completion not amounting to repudiation of the contract, the employer is entitled in principle to recover for all losses resulting from the unavailability of the completed works at the specified time2, although in practice this eventuality is likely to be covered

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