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Kerala Water Authority – Appellant
Versus
Joy. K. Mathew – Respondent
JUDGMENT :
Sathish Ninan, J.
The decree for damages is under challenge by the defendants in the suit.
2. On 22.09.1994, the plaintiff entered into Ext.A1 contract with the defendants for construction of an inspection bungalow. The period fixed for completion was 12 months. Admittedly, the plaintiff did not complete the construction within the period. Subsequently the defendants completed the work employing another contractor. According to the plaintiff, the default occurred due to the conduct of the defendants in varying the plan and also the delay in providing the varied plan. The plaintiff claimed that there has been enhancement in the cost and is entitled for hike in rates. The suit is for the value of the works done by the plaintiff.
3. The defendants denied the plaint allegations. It was contended that the plaintiff is at fault for having committed breach of the contract. The alleged variation in plan etc was denied.
4. The trial court granted a decree for realisation of Rs. 1,89,312/- with interest. The same is under challenge.
5. I have heard the learned counsel on either side.
6. Both the plaintiff and the defendants blame each other for having committed breach of the contract. Ac
The plaintiff is entitled to payment for work done despite breach allegations, as the defendants failed to substantiate their claims for damages.
When a construction contract's work valuation is assessed by a court-appointed expert with the consent of both parties, and the valuation matches the agreed contractual rates, the appellate court wil....
A contractor is entitled to a portion of extra costs incurred due to delays when both parties share responsibility.
The court upheld the trial court's dismissal of the plaintiffs' suit for damages due to insufficient evidence and the contractor's failure to complete the work as per the contract.
Parties must adhere to contract terms, and failure to substantiate claims of loss due to alleged breaches leads to liability for unpaid dues.
The court upheld that a party may be compensated for work done despite absence of a written contract when the other party benefits, reinforcing principles of unjust enrichment under Section 70 of the....
The completion time as the essence of the contract and the discharge of financial liabilities by specific payment mentioned in the agreement.
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