A wrongful termination does not ipso facto amount to a repudiation of the contract1. But if, after a wrongful termination, the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may, in such a case, claim the value of the work done and claim, in addition, damages, the measure of which is normally the loss of profit on the incomplete balance2. The value of the work done will be assessed on the basis of any instalment payments which have become due under the contract3 together with payment
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